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  5. How Does The Court Divide Up The Marital Estate On Divorce?

How Does The Court Divide Up The Marital Estate On Divorce?

On Behalf of Dixon & Moseley, P.C. | Jul 6, 2020 | Division of Assets, Divorce, Family Law

A lot of mystery seems to surround the division of assets when parties file for divorce and call the end to the marriage. Numerous questions arise. Do I get to keep family heirlooms I brought into the marriage? Does my spouse get a part of my 401(k) as he or she has her own? If our marriage has only lasted a few years, and I brought most of the assets into the marriage, do I get to keep them? This blog answers these questions generally by discussing Indiana’s one-pot theory and the presumption of an equal division of assets.1

Perhaps the most confusing concept for divorcing parties is Indiana’s one-pot theory. Under the one-pot theory, all assets each party brought into the marriage and those acquired during the marriage come into one “marital pot” and are mixed together for the court to divide.2 In as much, it does not matter how a particular account, parcel of land, or automobile is titled, it is all in the marital pot subject to division. There a few narrow exceptions, such as certain pensions, that are excluded by federal law, but these are uncommon. A key part of the assets in the marital pot is that the court is to presume an equal one (all you have, minus what you owe, and divide by two) between the divorcing parties.

All of that said, the trial court is ultimately charged with a just and equitable division. In some cases, a presumptive equal division works a hardship on a party and the trial court can deviate for any fair reason. However, to obtain an unequal division in your favor, you need a skilled lawyer that can advocate why such a division is fair and necessary. This is done through evidence at trial and a sound trial theme this evidence supports of why an unequal division is not fair. Suppose the parties have a large age disparity and one spouse is near or at retirement and the other spouse has several years of useful work-life left. In this case, because of the future limited earning power of the more senior spouse, the trial court could make an unequal division for the older spouse.3 The younger spouse would simply have more time to make money before resorting to retirement funds. A classic case where a trial court may make an unequal division and effectively return the parties to where they were when they married is in a marriage of extremely short duration (months).

Ultimately, Indiana trial courts have a vast array of statutory tools to fairly divide any marital estate. However, the court is limited to what it can do and why to the evidence presented before it. Thus, it is key to have a skilled divorce attorney help you prepare your trial theme and request for an unequal division and put on the necessary evidence for the court to consider—and hopefully adopt—your position. Simply wanting an unequal division and testifying to same is unlikely to be successful. Dixon & Moseley, P.C. advocates handle divorce cases throughout the State. We hope this blog makes you a better educated legal consumer. It is not intended to be legal advice or a solicitation for services. It is an advertisement.

  • Indiana Code section 31-15-7-5.
  • Indiana Code section 31-15-7-4.
  • Indiana Code section 31-15-7-5(5).
  • 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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