In Thompson v. Wolfram, the Indiana Court of Appeals addressed a common source of conflict in dissolutions involving prenuptial agreements: what happens to the appreciation of separate property during the marriage? This case provides important guidance for those in family court, underscoring that the precise wording of a prenup controls the outcome.  Background of the...

In Matzat v. Matzat, the Indiana Court of Appeals addressed a highly contested issue: when can a spouse receive incapacity-based spousal maintenance, and what evidentiary showing is required? The decision is still widely cited because it draws a clear line between permissible judicial discretion and the necessity of objective proof. For attorneys handling maintenance claims,...

In Johnson v. Johnson, decided by the Indiana Court of Appeals on June 20, 2035, the judges took up a family, but often tricky, question: when is it appropriate to change an existing custody arrangement? Indiana law sets a pretty firm standard. A parent cannot just argue that things have shifted. They also have to...

When separated or divorced parents share custody, a proposed move to a new city or state can raise difficult questions about parenting time, transportation, school placement, and the child’s stability. Indiana law does not automatically prohibit a parent from relocating, but it does not guarantee approval of the move, either. The Indiana Supreme Court’s decision...

In Indiana, what many folks think of as “alimony” is legally referred to as “spousal maintenance.” Unlike some states where alimony can be awarded based on fairness or need alone, Indiana only allows spousal maintenance in a minimal set of circumstances. The case of Matzat v. Matzat illustrates how carefully courts evaluate these requests and...

When Indiana courts decide custody cases, their top priority is pretty straightforward: making sure the child is safe—not just physically, but emotionally, too. One factor that courts are legally required to consider is whether there has been any domestic violence between the parents. The case of Maurer v. Cobb-Maurer offers a useful lens into how...

Domestic violence allegations can shift the course of a family law case in Indiana. It is not only about who said what and when, but it often ends up influencing custody decisions, visitation, and whether the court steps in with a protective order. A recent decision from the Indiana Supreme Court (S.D. v. G.D.) adds...

The State of Indiana is considered an equitable distribution state. That means that the marital estate is divided in accordance with what is fair, not necessarily evenly. That being said, there is a presumption that the marital estate should be divided evenly in most cases. The court requires evidence to make an unequal division of...

Divorces are a lot of things, but one thing they are not is simple. This is especially true when it involves contested financial issues such as spousal maintenance. While custody and child support are often the focus, disputes over spousal maintenance (alimony) can also occur. In the case of Roetter v. Roetter, the Indiana Supreme...

Custody disputes can be the most emotional and challenging issues that the courts face. Parents, grandparents, and other relatives can find themselves in court petitioning a judge to decide where their child should live and who should be allowed to make important decisions. In a 2009 decision (K.I. ex rel. J.I. v. J.H.), the Indiana...