How Courts Divide Marital Property
Indiana courts place
all property in the marital pot, regardless of who owned it and regardless
of whether it was a gift, inheritance, or owned before the marriage.
When awarding property, the court will examine factors including:
- Each spouse’s contribution to the acquisition of the property, regardless
of whether the contribution produced income
- Whether property was acquired by each spouse before the marriage or through
inheritance or gift
- The spouse’s economic circumstances at the time that disposition
of the property is to become effective
- The parties’ conduct during the marriage as related to disposition
or dissipation of their property
- The parties’ earnings or their earning ability
It is important to keep in mind that there is no guarantee that a court
will grant you your desired division of personal property at a contested
final hearing. Before getting married, parties can sign a prenuptial agreement
to set forth a formula that varies from the 50/50 presumption to divide
their marital pot. If they are already married, they can draft a post-nuptial
agreement. With a
post-nuptial agreement in place, the court and the parties have a clear picture of how to divide
the marital pot in the event of divorce.
The Carmel property division attorney at Hains Law, LLC is ready to fight
to protect you and your assets. Call now to schedule a consultation with
our skilled lawyer.
Hains Law, LLC Can Help with the Division of Assets
Carmel property division lawyer, Joshua R. Hains, brings a decade of experience
to every case he handles. Our Carmel property division lawyer can help
you navigate the complex process of dividing marital assets while protecting
your rights and interests.
Contact us at
(317) 588-2883 to discuss your options.