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Indiana IN AI draft

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Distribution Type
Equitable Distribution
Starting Point
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution with presumption of equal division

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

The following factors are commonly evaluated under Indiana law:

  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))

Statute / Authority

Citation: Ind. Code §31-15-7-5 ↗

Source: https://iga.in.gov/laws/

Source & verification AI draft
Citation
Ind. Code §31-15-7-5
Source URL
https://iga.in.gov/laws/
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Reference Library

Indiana Property Division

Indiana puts all property — whenever and however acquired — into one divisible pot (Ind. Code §31-15-7-4) and presumes an equal division is just and reasonable (§31-15-7-5). The presumption is rebuttable through the statute's five factors: contribution to acquisition regardless of income production, pre-marriage or gift/inheritance origins, economic circumstances including the family home for a custodial parent, conduct related to disposition or dissipation of property, and each party's earnings or earning ability.

Citation: Ind. Code §31-15-7-5

Source: https://iga.in.gov/laws/

Last updated: 2026-07-23T00:37:19.674378

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