Marital Estate Tag Archives — Indiana Law Blog

Valuing Your Business in an Indiana Divorce

Aaron Harshman — Sat, 12 Jul 2025 19:00:07 +0000

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.

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Fair vs. Equal: Understanding Equitable Distribution in Indiana

Aaron Harshman — Thu, 10 Jul 2025 19:00:57 +0000

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.

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How Does Indiana Define the Marital Estate in Divorce?

Aaron Harshman — Tue, 08 Jul 2025 19:00:05 +0000

When a couple decides to end their marriage, dividing property can be one of the most challenging and emotionally charged parts of the process. In Indiana, understanding how the state defines the marital estate is essential for anyone considering or going through a divorce. Let’s break it down clearly and simply.

What is the Marital Estate?

In Indiana, the marital estate includes all property owned by either spouse at the time a divorce is filed. This is known as the “one-pot” theory, meaning (almost) everything goes into a single pool regardless of when or how it was acquired.

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