In the State of Indiana, the courts presume that the division of property in the marital estate should be equal between the two spouses. However, this presumption is rebuttable, meaning you can argue for an unequal property division in an Indiana divorce. How do you do that? Well, you need to provide evidence of various factors. In this article, the Danville, IN, family lawyer, Chris Arrington, will discuss what can lead to an unequal division of property in an Indiana divorce. 

Factors that could lead to an unequal division of property

• Contributions to the marital estate – If one spouse made considerable contributions to the marital estate, either financially or by dedicating their time to keeping the house and raising the children, the courts could see fit to award that party a greater share of the marital estate. 
• The economic circumstances of each spouse – The court will evaluate the financial earning power of each spouse. In the event that one spouse earns considerably less than the other, the court will not want to leave the lower-earning spouse destitute. They may award that spouse a greater share of the marital estate. 
• The length of the marriage – Courts are more likely to divide assets equally in a long-term marriage than they are a short-term marriage. In a long-term marriage, marital assets, income, and debts tend to be more intertwined than in short-term marriages. 
• Dissipation of assets – If one spouse wasted marital assets on a gambling addiction or an affair, the court can compensate the other spouse with a greater share of the marital estate. 
• Property acquired before the marriage, inherited, or given as a gift – The Indiana courts can consider assets that were brought into the marriage, received as a gift, or given as part of an inheritance when dividing the marital estate. 
• Custody of children – If one spouse is awarded primary physical custody of the children, the court can see fit to award that spouse the family home or a larger share of the marital estate to provide stability for the children. 
• Prenuptial or postnuptial agreements – If the couple has an agreement in place, that agreement can play a significant role in determining asset division. 

What about marital misconduct such as abuse and adultery?

The courts can consider marital misconduct when dividing the marital estate, but they are particularly interested in the depletion or dissipation of marital assets by one of the spouses. For example, if one spouse spent an exorbitant amount of money on their affair, the courts will consider this when dividing the marital estate. That being said, Indiana is a no-fault state when it comes to divorce, so such pleadings won’t automatically impact the division of marital assets. 

Talk to a Danville, IN, Family Law Attorney Today

Chris Arrington represented the interests of Indiana residents during their divorce. Call our office today to schedule an appointment, and we can begin preparing you for your next steps right away.