Indiana Divorce Property Division

What the Law Says

Indiana courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. In Indiana, an equal division is the statutory starting point, adjustable under the factors below.

Indiana is a “one-pot” equitable distribution state: Ind. Code §31-15-7-4 places all property in the divisible estate, whether owned before the marriage or acquired during it, and §31-15-7-5 directs courts to “presume that an equal division of the marital property between the parties is just and reasonable.” The presumption may be rebutted by evidence on five statutory factors: each spouse's contribution to acquisition regardless of income production; the extent property was acquired before the marriage or through inheritance or gift; the economic circumstances of each spouse, including the family home for the custodial parent; each party's conduct concerning the disposition or dissipation of property; and each party's earnings or earning ability.

Division Factors (Ind. Code §31-15-7-5)

What Indiana courts weigh:

1. Contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing (§31-15-7-5(1))
2. Extent to which the property was acquired by each spouse before the marriage or through inheritance or gift (§31-15-7-5(2))
3. Economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family home to the spouse with custody of the children (§31-15-7-5(3))
4. Conduct of the parties during the marriage as related to the disposition or dissipation of their property (§31-15-7-5(4))
5. Earnings or earning ability of the parties as related to a final division of property and a final determination of the property rights of the parties (§31-15-7-5(5))

Common Questions