Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Division of Assets
  4.  | 
  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).
  • 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…

    « Older Entries

    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?

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    317-350-4108

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online