How are Assets Divided in Indiana?

Are you preparing to get divorced in Indiana? Dividing up the property is likely to be one of the most challenging issues that you need to resolve. This raises an important question: How is property divided in a divorce in Indiana? The short answer is that Indiana is an equitable distribution jurisdiction with a rebuttable presumption of a 50/50 split. Here, our Indianapolis property division lawyer provides a more detailed explanation of the most important things that you should know about how assets are divided in a divorce in Indiana. 

Know the Law: Equitable Distribution of Property in Indiana Divorce

Indiana is what is known as an equitable distribution state for divorce. In effect, this means that in the event of a divorce, a married couple’s property and assets will be divided fairly and equitably —though not always equally. The courts will consider various factors when determining the distribution, such as the length of the marriage, the financial contributions of each spouse, and the economic circumstances of each spouse. Marital property is subject to equitable distribution in Indiana. Separate property remains the sole property of the spouse that owns it. 

Indiana Law: Rebuttable Presumption of Even Split

Unlike some other equitable distribution jurisdictions, Indiana presumes that a 50/50 split of marital assets is appropriate. Under Indiana Code § 31-15-7-5, courts are instructed to “presume that an equal division of the marital property between the parties is just and reasonable.”

However, this is a presumption that can be rebutted with evidence. In other words, the court will start by presuming that an even split of assets is proper in an Indiana divorce case. If one spouse can present compelling evidence, the court awards them a greater share of the marital assets. 

Most Divorce are Uncontested: You and Your Spouse Can Negotiate Property Division

In Indiana, most divorces are uncontested—meaning that both parties are able to reach an agreement on issues such as property division without going to trial. In these cases, you and your spouse can negotiate the distribution of your property and assets. This can be done through mediation or through direct discussions between the two of you and your legal counsel. Our Indianapolis divorce lawyers have extensive experience helping clients navigate complex property division issues. We are focused on helping you find the best answer. 

Contact Our Indianapolis Property Division Attorney Today

At López Law Office, our Indianapolis divorce lawyer has the skills and legal expertise to handle complex property division cases. If you have questions about how assets are divided, we are prepared to help. Contact us today for a completely confidential initial consultation. Our family law firm serves clients in Indianapolis, Marion County, and Central Indiana.