Indiana Divorce Property Division
What the Law Says
Indiana courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.
Indiana presumes equal division of all marital property including property owned before marriage. Courts may deviate from equal division based on specific statutory factors, but the starting point is a 50/50 split.
Statutory Factors (Ind. Code §31-15-7-5)
Indiana courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
Indiana: community property or equitable distribution?
Equitable distribution. Under Ind. Code §31-15-7-5, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a Indiana court weigh?
Ind. Code §31-15-7-5 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does Indiana split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs Indiana's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: Ind. Code §31-15-7-5 AI draft · Full law library entry