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  5. How Do Millionaires Protect Their Assets In Divorce?

How Do Millionaires Protect Their Assets In Divorce?

On Behalf of Dixon & Moseley, P.C. | Aug 11, 2021 | Division of Assets, Family Law

A common question we hear from our clients, especially the clients with a high net-worth, is “how do I protect my assets in divorce?” The short answer is, it depends. Indiana follows an equitable distribution of property theory upon divorce, which means that property is divided in a “just and equal” manner, not necessarily a 50/50 division. However, there is a presumption that a “just and equal” division is a 50/50 division. Individuals looking to avoid a 50/50 division of assets have several options they can pursue to protect their assets. In this blog, we provide a brief overview of the division of property in a divorce and look at how millionaires can protect their assets.

Upon divorce, Indiana divides what is known as “marital property” between the parties. Marital property is property owned by either spouse, regardless of if the property was acquired before the marriage or during the marriage. Nor does it matter if the property is titled in only one of the spouse’s names, or if it is jointly titled. All property is presumptively marital property. This means that if you started a business or inherited a lot of money, whether it be during the marriage or before, it is marital property. With it being marital property, there is a good chance that your assets will be divided between yourself and your soon to be ex-spouse, unless you take certain steps to protect your assets.

One way an individual can protect their assets during a divorce is to enter into a premarital agreement (sometimes called prenuptial or antenuptial agreement) before marriage. Premarital agreements provide many benefits to parties, with one of the biggest being asset protection. A premarital agreement is a contract. As such, parties are free to contract with each however they so choose, albeit, subject to a few exceptions. This allows individuals to protect their assets they bring into the marriage by coming to an agreement beforehand. In addition, individuals can also protect future assets, such as an inheritance. Ultimately, premarital agreements offer a great way to protect your property upon divorce, while also avoiding interference by the court.

Another way an individual can protect their assets during a divorce is through what is called a post-nuptial agreement. Unlike a premarital agreement, a post-nuptial agreement is an agreement between the parties after the marriage. A postnuptial agreement operates in a similar way to a premarital agreement in that, often times, postnuptial agreement focus on how assets will be divided by the parties in the event of a divorce. However, unlike premarital agreements, postnuptial agreements are more thoroughly scrutinized by the courts, and as such, can be found invalid much more often than premarital agreements. Nonetheless, if you didn’t enter into a premarital agreement, a postnuptial agreement is a good avenue to explore.

Finally, a third way an individual can protect their assets during a divorce is overcoming the presumption that a 50/50 division of property would be just and reasonable. Indiana Code 31-15-7-5 lists several factors a court can consider when determining whether a 50/50 division would be “just and reasonable.” There are five different factors listed in said statute that a court can rely on. If an individual is able to show to the court that the factors weigh in favor of an unequal division, then you may be able to persuade the court that you should retain full ownership of your business.

These types of situations are extremely fact sensitive. Divorces are emotional times for all involved. Not only are they emotional, but often time 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 Does the Indiana Court of Appeals Review (and What It Won’t)?

On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

On Behalf of Dixon & Moseley, P.C. | Mar 5, 2026 | Uncategorized

A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

Who Is Entitled to Parenting Time During Spring Break in Indiana?

On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

On Behalf of Dixon & Moseley, P.C. | Feb 24, 2026 | Uncategorized

Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

What Are the Indiana Parenting Time Guidelines?

On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

Military Divorce in Indiana: What Service Members Should Know

On Behalf of Dixon & Moseley, P.C. | Feb 17, 2026 | Uncategorized

Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

Stepparent Adoption in Indiana: Legal Steps for Blended Families

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

Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

How Long Does a Father Have to File for Paternity in Indiana?

On Behalf of Dixon & Moseley, P.C. | Feb 5, 2026 | Uncategorized

If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

How Retirement Accounts Are Divided in an Indiana Divorce

On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

Can a Child Choose Which Parent to Live With in Indiana?

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

In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

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