Indiana Divorce Information


Property Ownership For Divorce Purposes

Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," though in Indiana a 50/50 division is presumed equitable. Marital fault is not a consideration when dividing property.

What Property is Divided?

"Kitchen sink" state. All property owned by either spouse, no matter when or how acquired, is considered marital property and subject to division in a divorce; however, the courts can consider the fact that property was 1) Acquired before the marriage, 2) Acquired by gift, or 3) Acquired by inheritance, when deciding on an equitable division of property.

Alimony

At the court's discretion. Marital fault is generally not considered. Alimony generally will not last longer than three years. Terminates upon the death of either party, and upon the receiving party's remarriage.

Child Support

Income shares method, which means the income of both parents is considered. Emancipation is age 21. Court may order payment of college education costs. Child Support Calculator.

Child Support Enforcement

The Indiana child support enforcement agency can be found at:

www.in.gov/dcs/support

Divorce Related Statutes For Indiana

http://www.in.gov/legislative/ic/code/title31/

Other Resources

The Divorce Financial Survival Series