Division of Property
Indiana is an equitable distribution state, meaning that all the marital property of the spouses should be divided equitably in the divorce proceeding. Though Indiana law presumes that the equal division of property is fair, "fair" does not always mean "equal." When deciding the division of property, the court usually considers:
- each spouse's contributions;
- each spouse's financial condition;
- each spouse's income and earning ability;
- the fault of any spouse in the disposal or dissipation of property; and
- the desirability of awarding the family home to the party who is the primary custodian.
Since only the marital property is subject to division, it is essential to allocate the marital and the separate property correctly. All property acquired before the marriage, as well as personal gifts and inheritances which were given only to one spouse, are considered to be separate property.