Northwest Indiana Property Division Lawyer

While divorce involves many challenging aspects, the separation of life and livelihood during the division of property is often one of the most complex and emotionally charged elements of the entire process. Understanding how Indiana law governs this process is crucial for protecting both your mental well-being and your financial future. At Worthley Law, we provide the experienced legal guidance needed to navigate these matters, ensuring your rights are upheld and you receive a just and reasonable outcome.

The Foundation of Property Division in Indiana

Under Indiana Code IC 31-15-7-4, the court is given the right to divide the marital property of the parties. The property to be divided includes all assets owned by either spouse, regardless of when or how they were acquired. This includes property owned before the marriage, assets acquired individually during the marriage (before the final separation), and anything obtained through joint efforts. Only assets obtained after filing for divorce and any specifically set apart by a prenuptial agreement will not be considered for division.

The Presumption of a 50/50 Split

Indiana law begins with the presumption that an equal, 50/50 division of the marital estate is just and reasonable. However, this is a starting point, not a mandatory rule. The law recognizes that an equal split is not always an equitable one. An experienced lawyer can help you present evidence to rebut this presumption, if needed, and argue for a different division based on specific circumstances.

Factors That Can Influence Property Division

If a party decides to challenge the 50/50 presumption by presenting relevant evidence, the court will consider several key factors to determine if an unequal division is more appropriate. These can include:

• Contribution to Acquiring Property: The court examines the contribution of each spouse to the acquisition of assets, including non-income-producing contributions like homemaking and childcare.
• Property Acquired Before Marriage, or by Inheritance or Gift: Evidence showing that certain property was acquired by one spouse before the marriage or through a gift or inheritance can be used to argue for an unequal division.
• Economic Circumstances: The financial situation of each spouse at the time of the divorce is a significant consideration. This can include awarding the family home to the spouse who has custody of the children.
• Earnings and Earning Ability: The current and future earning potential of each spouse is evaluated in relation to the final division of property.
• Conduct Regarding Property: The court can consider the conduct of both parties during the marriage as it relates to unnecessary transfers or wasteful spending of their assets.

Protect Your Financial Future After Divorce with Experienced Legal Counsel

Properly navigating Indiana’s property division laws requires a thorough understanding of legal statutes and, as needed, courtroom strategy. A lawyer can help you accurately identify and value all assets that are up for division, gather the necessary evidence to support your position, and advocate effectively on your behalf. Whether you are aiming for a truly equal division or arguing for a different outcome, professional legal representation can prove essential to securing a fair resolution.

If you are facing a divorce and have questions about how your property will be divided, you need clear, knowledgeable advice. Contact Worthley Law today to schedule a consultation and learn how we can help protect your financial rights and future.