Thoughts of marriage and what is to come tend to produce heady emotions that can last a substantial amount of time after the wedding. This “honeymoon phase” allows couples to solidify their bond and get a clearer picture of building a life together. The average length of a marriage in the U.S. is eight years. However, some marriages end with divorce much sooner, some within the first year or two.

One recent example involved the creator of the popular show Entourage, Doug Ellin, who filed for divorce after less than one year of marriage. Divorce is about both legally dissolving the marriage and disentangling financial and parental obligations so both parties receive a fair outcome. However, couples tend to become more intertwined as time passes, so would a shorter marriage have a discernible impact on how a court would decide issues such as spousal support or property division?

Basic Rules of Maintenance and Property Division

Outside of the emotional attachment married partners have for one another, one of the primary practical benefits of this union is the contribution each spouse makes to the growth and stability of the household generally. This contribution may come through earnings, keeping up the family home, raising children, or helping to build a business. These contributions are typically recognized in divorce with the division of property, and the awards for maintenance (spousal support). In Indiana, any property owned by either spouse, both separately and together, is placed in the marital pot, and potentially subject to division by a court. Furthermore, there is a presumption that marital property will be divided equally. However, property that was acquired before the marriage or through a family gift or inheritance will not necessarily be divided with the other spouse – it depends on whether the asset was enhanced by marital funds, deposited in a marital account, or was under the control of the other spouse, as well as other commingling factors, during the marriage. In addition to how/when property was acquired and who contributed to its upkeep and increased value, a court also looks at the economic resources of each party at the time property will be divided, as well as each spouse’s earning capacity.

On the issue of maintenance, Indiana is more restrictive in this area compared with other states, and requires a party seeking long-term support to show evidence of mental/physical incapacity of a spouse or child that directly impacts the ability to generate self-support. Thus, most spouses, if they receive any support at all, may obtain an award for rehabilitative maintenance that can last no more than three years. To qualify for this support, the spouse will need to produce evidence related to time taken from the job market to care for the home/children, the relative educational levels of each spouse, and the training and time it would take post-divorce to find appropriate employment.

The Impact of a Short-Term Marriage

Obviously, the shorter a marriage, the less opportunity each had to contribute to the wellbeing of the other. Ultimately, the court wants to find a just and reasonable result, and if one spouse brought the majority of the assets into the marriage, courts are more willing to deviate from the common 50/50 split. In fact, a judge may simply try to place the parties in the same position they enjoyed before the marriage, absent evidence a spouse contributed to the development of an asset. Such cases are heavily fact-specific, and the advice of an experienced divorce attorney is needed to properly assess and prepare a persuasive argument for or against an equal division.

Speak with an Indiana Divorce Attorney

Divorce, regardless of how long a person is married, is difficult and emotional. If you are facing this situation, you need to know what the likely outcome is, and the best path to achieve your desired result. Christopher L. Arrington, P.C. has years of experience handling a variety of divorce matters, and is committed to providing you the best possible resolution. Contact the Dansville office to schedule an appointment.