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  5. Three Ways To “Contract” In The Event Of A Divorce In Indiana

Three Ways To “Contract” In The Event Of A Divorce In Indiana

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2015 | Divorce, Postnuptial Agreement, Prenuptial Agreements, Property Division

With divorce statistics indicating one in two marriages ends in divorce, many people—from those who have heard divorce horror stories to those who have had their own divorces—sometimes contract for terms to divide their estate (assets – liabilities = net marital estate) in the event of a divorce. There are three ways to do so, all with risks and specific requirements.

The most obvious and well known is the pre-marital agreement. This is made in contemplation of divorce and has existed in Indiana as a matter of contract law for decades. In 1995, this was reinforced by the Uniform Premarital Agreement Act which backed up caselaw with statutory scheme. In essence, assuming full disclosure and free bargaining power, an Indiana trial court will enforce this agreement’s provisions on divorce. Thus, the parties know in advance what will occur with a divorce.

A less common type of agreement is a post-nuptial agreement. This type of contract is entered into when the marriage is in trouble and a divorce is filed. The parties can reach similar terms as a pre-marital agreement. The reason it is enforced, technically the “consideration” is continuation of the marriage and/or dismissal of the divorce case. Where a divorce has not yet been filed, there is more chance the “contract” might have enforcement issues in a later divorce. The Indiana appellate courts have recently approved of this type of contract.1

The third type of “contract” is where the parties, who perhaps never got around to entering into a pre-nuptial, is a post-nuptial when the marriage is operating on stable ground. There are many reasons parties may want to do this, such as if they have children from a prior relationship they wish to account for in the event of divorce regarding marital assets. The law is not as clear that these agreements are enforceable. However, they are likely governed by Indiana contract law and enforceable, unless there is some attenuating situation that would indicate bad faith, duress, fraud or the like.

Thus, Indiana has a wide array of ever-developing tools to help parties address marriages and how they are treated on divorce. The key is understanding these and taking the time to consider the need relative to your situation in advance.

Dixon & Moseley, P.C. attorneys are routinely involved with such contacts and their litigation. We hope this blog post provides useful information for you. It is not intended to provide specific legal advice or solicit services. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana.

Hall v. Hall 27 N.E.3d 281 (Ind.Ct.App.2015).

What Counts as Marital Property in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

Parenting Time vs. Custody in Indiana: What Parents Confuse Most

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

Can Custody Be Modified in Indiana? What Must Change

On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

Is Indiana a 50/50 Divorce State? What the Law Really Says

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

Step-Parent Adoption: How It Works in Indiana

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

How Divorce Works in Indiana: Step by Step (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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