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Indiana IN AI draft

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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution with presumption of equal division

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

The following factors are commonly evaluated under Indiana law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: Ind. Code §31-15-7-5 ↗

Source: https://iga.in.gov/laws/

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Citation
Ind. Code §31-15-7-5
Source URL
https://iga.in.gov/laws/
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Reference Library

Indiana Property Division

Indiana courts begin with a presumption of equal division of all marital assets under Ind. Code §31-15-7-5, including property acquired before the marriage. Parties may rebut this presumption by showing that an equal division would not be just and reasonable given factors such as each party's economic circumstances, contributions, and the manner in which property was acquired.

Citation: Ind. Code §31-15-7-5

Source: https://iga.in.gov/laws/

Last updated: 2026-05-19T01:39:53.638842

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