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Indiana Property Distribution Laws

In an Indiana divorce case, the Court will divide all marital and separate property in an equitable manner. The State has a presumption that an equal division is the most just and proper. The presumption may be overcome by relevant evidence, including evidence concerning the following factors:

• contribution toward the acquisition of property;

• the extent to which property was acquired by each spouse before the marriage or by inheritance or gift;

• the economic circumstances of the parties at the time of property disposition;

• the conduct of the parties during the marriage as related to their property;

• the earnings and earning ability of each party.

In dividing the property in an Indiana divorce, the Court will consider the following:

• the contribution of each spouse to the acquisition of the marital property, regardless whether the contribution was income-producing;

• the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family residence to the spouse having custody of the children;

• the actual earnings and the present and potential earning capability of each spouse;

• the extent to which the property was acquired by each spouse prior to marriage or through gift or inheritance;

• the conduct of the spouses during the marriage as it relates to the disposition of their property; and

• tax consequences of property disposition.

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