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  5. How Courts Decide Division Of High Asset Divorces?

How Courts Decide Division Of High Asset Divorces?

On Behalf of Dixon & Moseley, P.C. | Jan 17, 2020 | Division of Assets, Divorce, Family Law

The most helpful divorce litigant is one who understands the divorce process for the issues in their case (such as disputed custody or division of high assets marital estates). In this blog we will survey some of the key considerations a judge will typically utilize in dividing up high asset estates; generally, these are net marital estates that surpass one million dollars in net worth (after the liabilities are deducted).

The place to start in understanding how judges look at property division is with the presumptions in the Divorce Act (the statutes that have been passed by the legislature and signed into law). Indiana follows the one-pot theory, where all assets between the parties, no matter if brought into the marriage, acquired during the marriage, or obtain before the date of filing are all in the marital estate for division.1 In addition, there is a presumption that an equal division of property (assets minus liabilities divided by two) is just and reasonable.2

That said, the divorce court can make an unequal division and this is where good lawyering and presentation of the evidence are key. For instance, if one spouse has been a stay-at-home parent and the other spouse has gone on to a successful, high paying career, the court could use this as a basis for an unequal division as the stay-at-home parent will be unlikely to catch up in income-earning ability because of age and being out of touch with the norms of the work world. In addition, the court could order up to three (3) years of rehab maintenance so the spouse who has been out of the workforce can obtain additional schooling to enter the workforce in a more ready fashion.3

Where both spouses have established careers, the court may deviate if the evidence shows a vast difference in income between chosen professions. A classic example would be a teacher at a public school versus a surgeon. The difference in income would be significant and the court may consider a different division of the property to account for the same. However, there must be evidence (exhibits and/or testimony) to support this basis as a deviation. The court cannot just take judicial notice that these are vastly different incomes based on its own knowledge. You, with counsel, must get this evidence in the record.

Another place where the court may make an unequal division of the marital estate is if one spouse has wasted marital resources on vices, such as significant gambling losses or loss of a job or license due to illicit drug use. Ultimately, the court can deviate how it wishes so long as it has a legitimate reason from the 50/50 division if it is just and reasonable. Is this your case? If so, it is key to sort this out with your counsel to make the best argument you can for an unequal division.

This blog was written by attorneys at Dixon & Moseley, P.C. who handle divorce cases of all types throughout the state as well as appealing divorce final orders. This blog is intended as general educational information. It is not a solicitation for services or legal advice. It is an advertisement.

  • Ind.Code section 31-15-7-4.
  • Ind.Code section 31-15-7-5.
  • Ind.Code section 31-15-7-1, -2.
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    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.…

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    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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