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  5. Five Financial Questions To Ask Yourself Before You File For Divorce

Five Financial Questions To Ask Yourself Before You File For Divorce

On Behalf of Dixon & Moseley, P.C. | Jan 21, 2020 | Division of Assets, Divorce, Family Law, Property Division

Going through a divorce is hard. It is a stressful and emotional time for many. On top of this, divorce can also create complex financial issues. Financial issues tend to arise because people oftentimes forget to ask themselves the necessary questions to ensure financial stability after your divorce has finalized. This blog provides five questions every divorcee should ask themselves before they file for divorce.

Do I Have Health Insurance? One of the biggest financial concerns at divorce time is health insurance. Maybe you (and/or your children) obtained health insurance coverage through your soon-to-be-ex-spouse’s work. Or maybe you and your soon-to-be-ex split the monthly cost of health insurance. Whatever the case may be, you need to ask yourself: whether your coverage will continue upon divorce? Whether you can afford the current cost of your health insurance without extra financial assistance with COBRA; and, if applicable, whether your children will be covered?

What Debt Do I Owe? Another financial concern that you need to ask yourself about is the amount of debt you and your ex-spouse have. Upon divorce, the presumption is that a trial court will divide the assets/debts 50/50 between the parties. However, this is only a presumption, meaning that it can be overcome at trial. Asking yourself questions like “what do I owe per month in debt?” or “how much can I afford to pay per month?” can go a long way if you work this into trial evidence for the court to consider. Having an idea of the amount of debt you have, as well as your spouse, will allow you to better prepare for the future, such as refinancing your home or consolidating your debt.

What Assets Do I Own? On top of knowing what debt you have, it is also important to know what assets you own. Again, there is a presumption in Indiana that everything is divided 50/50 between the parties. However, this is, again, just a presumption. You need to know what assets you have that can help support your post-divorce life. For example, is your current employment the only monthly income you receive, or do you have secondary sources? Knowing your monthly financial capacity can help you achieve financial stability post-divorce.

What is My Credit Score? Now that it will be just you (at least for the foreseeable future), knowing your credit score will be very important. You will no longer be able to rely on your ex-spouse to balance out your credit score. As such, determining your credit score will allow you to help remedy any issues with the same and inform you of your resources for credit should you need it in the post-divorce world.

Should I Be Budgeting? One thing that is often overlooked by parties is the monthly expenses each incurs and the ability to pay these monthly expenses after divorce. Life is expensive, and if you have children, it’s even more expensive. As such, you must think of the future when planning your divorce, and one way to do this is budgeting. Ask yourself questions like “can I afford my current mortgage, electric, and insurance?” If the answer to these types of questions is “no”, you need to start considering ways to cut your budget. Budgeting can go a long way to ensure financial stability, and most importantly, peace of mind.

Divorces are emotional times for all involved. Not only are they emotional, but oftentimes complex, especially when it comes to property division. Obtaining skilled counsel is key to relieving some of the burden that comes with divorce. This blog was written by attorneys at Dixon & Moseley, P.C. who handle divorces of all types throughout the state. It is written and posted for general educational purposes and is not to be construed as legal advice or solicitation for services. It is an advertisement.

 

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

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

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

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

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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