How is a divorce settlement divided?

In Indiana, how a divorce settlement is divided is determined by the court or by the couple, if they can agree on how to divide their property and debts. When couples cannot agree on how to divide their property and debts, the court will make the decision. The court will use what is called the “equitable distribution” standard to decide how to divide the property and debts. This means that the court will consider each spouse’s contribution to the marital relationship, such as a contribution of labor, money, or assets. The court will also look at the length of the marriage, any prenuptial agreements in place, and any other factors the court feels are relevant. The court will divide the marital property as equitably as possible, but not necessarily in equal shares. This means that the court may determine that it is fair to award one spouse a larger share of the marital property than the other. In addition to dividing the marital property, Indiana courts can also award alimony or “maintenance” to one spouse. The length and amount of alimony is also determined by the court. The court will consider the length of the marriage, the contributions of each spouse, and the earning capacity of each spouse in making a decision about alimony. To summarize, in Indiana, a divorce settlement can either be determined by the couple themselves, or by the court if they cannot agree. The court uses the “equitable distribution” standard to decide how to divide the property and debts. The court can also award alimony or maintenance to one spouse.

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