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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.

 

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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