What are the Biggest Myths about Property Division during Divorce in Indiana?

What are the Biggest Myths about Property Division during Divorce in Indiana?

Divorce brings a host of questions and uncertainties, especially when it comes to dividing property. Misinformation can add significant stress to an already challenging time. At Curlin & Clay Law, we believe in providing clear, accurate guidance to help you protect your future. Let’s debunk some of the most common myths about property division in Indiana.

Here are a few key myths we often encounter:

• Myth 1: Equitable distribution always means a 50/50 split.
• Myth 2: Only property acquired during the marriage is considered.
• Myth 3: The spouse at fault for the divorce gets less property.

Myth 1: Equitable Distribution Means a 50/50 Split

A frequent question we hear is, “Does equitable distribution mean a 50/50 split?” While Indiana law presumes that an equal division of the marital estate is reasonable, “equitable” actually means fair, not necessarily equal. The court starts with a 50/50 presumption but can deviate from it based on several factors. These factors include each spouse’s financial contributions, earning ability, and conduct related to the disposition or dissipation of assets. The aim is to secure an equitable resolution, one that considers the distinct nuances of your marriage, and which may or may not lead to an equal division.

Myth 2: Only Marital Property Is Considered

Many people believe that assets owned before the marriage or received as an inheritance are automatically safe from division. You might ask, “Can I keep my inheritance during a divorce?” In Indiana, the law defines the “marital pot” very broadly. It includes all assets owned by either spouse before the marriage, assets acquired during the marriage, and assets acquired after the date of separation but before the final decree. This means that even separate property, like an inheritance or a pre-marital savings account, is placed into the marital pot for division. An attorney can help argue why certain assets should be set aside for you, but it is not guaranteed.

Myth 3: Fault Affects Property Division

Another common misconception is that a spouse’s misconduct, such as infidelity, will directly result in them receiving a smaller share of the marital property. While Indiana is a “no-fault” divorce state, meaning you don’t have to prove wrongdoing to end the marriage, certain behaviors can still influence the outcome. Specifically, the court may consider a spouse’s “conduct… during the marriage as related to the disposition or dissipation of their property.” This means if one spouse wasted marital assets on an affair or through gambling, a judge might adjust the property division to compensate the other spouse. However, the fault itself is not a direct factor in the division.

Navigate Your Divorce with Confidence

The property division process is one of the most critical aspects of a divorce, with lasting effects on your financial stability. Relying on myths and misinformation can cause mistakes and added stress. The experienced attorneys at Curlin & Clay Law provide the authoritative guidance needed during divorce. We work to ensure all assets are properly valued and that the final division is truly fair and equitable.

If you are facing a divorce in Indiana, don’t leave your financial future to chance. Contact Curlin & Clay Law today for a consultation to fully understand your rights and safeguard your interests.