How is property divided in a divorce?

In Indiana, property division during a divorce is determined through an equitable division of marital assets. This means that any assets acquired during the marriage, such as money, property, investments, and debts are split between the couple in a manner that is seen as fair. In most cases, it is not a 50/50 split, but rather an arrangement that takes into consideration a variety of factors, such as the length of the marriage, the couple’s earning potentials, contributions each person made to the marriage, and any items of sentimental value. When arriving at a property division settlement, the court will evaluate the couple’s joint assets and debts and attempt to arrive at an equitable solution. Generally speaking, the court will look to transfer assets to the less moneyed spouse in lieu of alimony. Additionally, Indiana law allows the court to consider any premarital or postnuptial agreements that the couple may have executed. The court will also consider contributions each spouse made to the marriage when it comes to splitting up things like retirement plans and pension plans. While Indiana typically looks to divide these accounts in an equitable fashion, the court may give greater weight to the non-employee spouse’s contributions, if any. The court may also award the non-employee spouse an increased portion of the account if other assets are otherwise lacked. In addition to separating property, the court may also require one spouse to maintain health insurance coverage or provide alimony to the other spouse.

Related FAQs

Are there any grounds for an at-fault divorce?
What is an uncontested divorce with no children?
What is antenuptial/prenuptial agreement?
How does a court determine spousal maintenance or alimony?
What is a family law attorney?
Where do I file for divorce?
What is an uncontested divorce?
What are the residency requirements for divorce?
What is a divorce lawyer?
What is a default divorce?

How is property divided in a divorce?

Related FAQs

Related Blog Posts