People tend to measure their success based on the two parameters; the health and happiness of their families and their level of financial stability. Financial stability is often achieved after years of sacrifice and work, so the effect of divorce on the structure of a family’s finances can be significant. Because of its importance, the division of property is often a disputed issue in divorce cases and can lead to protracted legal proceedings. Property division only happens once and cannot be modified like child or spousal support, which means the best and fairest deal must be struck on the first try. Division of property is often a balance based on the contributions of both individuals, which can be tricky if one spouse is a high earner and/or the other curtailed career advancement for the sake of the family. Property distribution usually occurs after the divorce is finalized, but it is possible to request partial distribution while the divorce is pending if the assets are needed for financial support.

The former Attorney General of Pennsylvania is going through a highly contested divorce and recently requested a partial distribution of funds claiming they are needed to appeal her perjury conviction. In order for anyone going through divorce to adequately understand what kind of property distribution is fair and legal, a discussion of Indiana’s laws on property distribution is necessary. This discussion will follow below.

How Property is Divided

When people talk about the division of property in divorce they are typically referring to the distribution of the marital estate. Marital estates include both assets and liabilities, and Indiana starts from the stance that a 50/50 split is a just and reasonable apportionment. Marital property includes: property owned before marriage, property acquired individually during the marriage or before the final separation of the parties, and jointly purchased properties. While a 50/50 split is favored, courts are permitted to deviate from this standard if fairness requires a different result. Judges assess the circumstances of each case individually, and consider the following factors to determine the type of division that would be just:

• The contribution of each spouse to the marriage, not limited to income production;
• How much property was acquired before marriage or by inheritance or gift;
• The financial resources of each party;
• The extent to which either party disposed or dissipated property holdings during the marriage; and
• The earning capacities of each spouse.

Note that modification or revocation of property awards will only occur if one party committed fraud. This circumstance is rare and difficult to prove, making the property division order the final word on this issue in the majority of cases. Property division is accomplished in few ways: by ordering one party to pay the other for his/her share of the property the other party keeps, ordering the sale of property and dividing the proceeds, and dividing vested retirements benefits paid after the marriage is dissolved.

Enforcing a Division of Assets Judgment

If a party refuses or attempts to delay the transfer of property once the divorce is finalized, the law gives the other party several options to compel action. These include: holding the party in contempt, issuing an income withholding order to automatically deduct funds from a party’s salary or wages, or the posting of security, which is forfeited if the party fails to abide by the terms of the property order.

Talk to an Indiana Divorce Attorney

Property division is a key issue in divorce that will affect a person’s finances for years to come. Work with an experienced divorce attorney to ensure you receive a fair distribution, and avoid inadvertently giving up your rights. Christopher L. Arrington represents divorce clients in the Indianapolis area and can help you move through the divorce process so the next stage of your life can begin. Contact him to schedule an appointment.