Divorce often involves dividing property and assets, that range from houses, retirement accounts, vehicles, business ownership and all kinds of personal belongings. For the tech-forward, another growing segment of property is being found in these cases: cryptocurrency stored in “cold storage.” If you or your spouse hold digital assets offline on a hardware wallet or similar device, it can raise unexpected questions and issues during the divorce process.
When going through a divorce in Indiana, both spouses are generally required to provide a full and honest accounting of their assets. This includes not only obvious items like homes, vehicles, and retirement accounts but also purely digital assets such as cryptocurrency.
Many people who hold crypto in cold storage (on a hardware wallet, paper wallet, or another offline method) worry that disclosure means they must hand over the device, private keys, or full control of their funds. That’s not the case.
Serving as a guardian means stepping into a role of trust and responsibility. You’re tasked with making critical and important decisions for someone who cannot fully manage on their own. At the same time, the law, a court (and basic human dignity) require guardians to preserve as much independence for the ward as possible. Striking that balance isn’t always easy, but it’s essential to conducting an effective guardianship.
When a court appoints you as a guardian, the responsibility doesn’t end with the initial appointment.
In Indiana — and in most states — guardians must file annual or biennial reports that update the court on the ward’s well-being and finances. These reports are essential: they ensure transparency, protect the ward, and demonstrate to the court (and other interested people) that you are fulfilling your duties. Missing deadlines or filing incomplete reports can lead to penalties, potential liability, or even removal as guardian. Here’s what you need to know to stay on top of your annual reporting obligations.
What tools do we have to provide care for those we love?
When someone you love one can no longer make decisions on their own, families often wonder: What’s the right legal tool — guardianship or power of attorney? These terms are often used incorrectly or interchangeably, but they are very different legal tools. Knowing the difference can help you choose the option that best protects your loved one while respecting their independence.
Dividing assets is one of the most complex and contentious aspects of a divorce. Missteps during this process can have lasting financial consequences. We are hired on many cases every year to try and fix issues in finalized divorces which can cost thousands and thousands of dollars to correctHere are some of the most common mistakes to avoid when dividing assets in an Indiana divorce.
Mistake 1: Overlooking Hidden or Less Obvious Assets
Many people focus on major assets like the home or retirement accounts but forget about:
The family home is often one of the most significant and emotionally charged assets to divide in a divorce. Deciding what to do with it involves both practical and financial considerations. In Indiana, there are several options for handling the family home during a divorce.
Option 1: One Spouse Buys Out the Other
A common solution is for one spouse to keep the home by “buying out” the other spouse’s equity. This requires:
A prenuptial agreement (commonly known as a “prenup”) can be a powerful tool for protecting assets and setting clear financial expectations before marriage. However, not every prenup will hold up in court. In Indiana, specific rules determine when a prenup is enforceable.
Is there a large financial disparity between you and your future spouse? Do you have a specific house, account, or asset that you want to protect from divorce? This is the contract that can safeguard your future.
Basic Requirements for Enforceability
For many people, retirement accounts are among the most valuable assets they own. During a divorce in Indiana, protecting these savings is a crucial part of reaching a fair and secure settlement.
Are Retirement Accounts Marital Property?
In Indiana, retirement accounts — including 401(k)s, pensions, IRAs, and similar plans — are generally considered part of the marital estate if they were acquired or contributed to during the marriage. Even accounts that started before marriage but grew during it may have a portion included in the marital pot.
If you own a business and are facing a divorce in Indiana, one of the most complex and critical aspects will be determining the value of that business. In Indiana, your business is generally considered part of the marital estate, meaning it is subject to division during divorce proceedings.
Why Your Business is Part of the Marital Estate
Indiana follows the “one-pot” theory, which includes all property owned by either spouse at the time of filing for divorce, regardless of when or how it was acquired. This means even a business you started before marriage can be considered marital property.
Indiana Law Blog