Indiana Law Blog
When going through a divorce, one of the most common misconceptions is that marital property will always be divided equally. In Indiana, however, the law focuses on what is fair, not necessarily what is equal. This distinction is crucial for anyone considering divorce in the state.
Equal Division Presumption
Indiana law starts with a presumption that dividing marital property equally (50/50) is just and reasonable. This is a baseline, not a rigid rule. A presumption just means that is what the court will assume until the court is provided evidence that there is more-fair split.
Equitable Distribution Explained
While equal division is presumed, Indiana courts have the flexibility to divide property in a way that is fair, or “equitable,” after considering several factors. This means one spouse may receive a larger share if the court determines it is justified.
Factors Considered by the Court
To arrive at an equitable distribution, the court evaluates factors such as:
- Each spouse’s contribution to the marriage (including homemaking and child care)
- The economic circumstances of each spouse
- The conduct of the parties during the marriage
- Each spouse’s earning potential and financial needs
- Whether any property was acquired before the marriage or through gift or inheritance
Practical Impact
This approach allows courts to recognize the unique contributions and needs of each spouse rather than strictly splitting everything down the middle. For example, a spouse who has sacrificed a career to care for children may receive a larger share of the marital estate to ensure financial stability.
Final Thoughts
Understanding the difference between equal and equitable distribution is key to preparing for property division in an Indiana divorce. It highlights the importance of presenting a clear, detailed picture of each spouse’s contributions and circumstances.
If you’re navigating a divorce and unsure how these laws might apply to you, the experienced team at Harshman Ponist Smith & Rayl, LLC is ready to help. Contact us today to schedule a consultation and discuss your options for a fair outcome.