Indiana
JURISDICTIONAL END OF MARRIAGE DATE: Date of Final Separation. If there is no Separation date use current date.
STATE TYPE FOR PENSION EVALUATION: Indiana is an "equitable distribution" state. The court will divide all of the property of the parties, whether jointly or separately owned, as it deems reasonable and just. A rebuttal presumption exists that the property should be divided equally between the parties, although this presumption may be rebutted after consideration of the following factors:
1. The contribution of each spouse to acquisition of the property; 2. The extent to which the property was acquired before the marriage or through inheritance or gift; 3. The economic circumstances of the parties; 4. The conduct of the parties during the marriage as it relates to the disposition or dissipation of their property; 5. The earnings or earning ability of the parties as it relates to a final division of property and determination of property rights of the parties.
[Annotated Indiana Code; Title 31, Article 15, Chapter 7].
IND. CODE § 31-9-2-46 Sec. 98
"Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal).
Sec. 46. "Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:
(1) a legal separation proceeding involving the parties was pending when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or
(2) a provisional order or final decree for legal separation of the parties was in effect when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; the term means the date that the petition for legal separation was filed under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).
IND. CODE § 31-9-2-98 Sec. 98
Sec. 98. (a) "Property", for purposes of the Uniform Premarital Agreement Act under IC 31-11-3, has the meaning set forth in IC 31-11-3-3.
(b) "Property", for purposes of IC 31-15, IC 31-16, and IC 31-17, means all the assets of either party or both parties, including:
(1) a present right to withdraw pension or retirement benefits;
(2) the right to receive pension or retirement benefits that are not forfeited upon termination of employment or that are vested (as defined in Section 411 of the Internal Revenue Code) but that are payable after the dissolution of marriage; and
(3) the right to receive disposable retired or retainer pay (as defined in 10 U.S.C. § 1408 (a)) acquired during the marriage that is or may be payable after the dissolution of marriage.
IND. CODE § 31-11-3-3 Sec. 3.
Sec. 3 As used in this chapter, "property" means an interest, present or future, legal or equitable, vested or contingent, in real and personal property, including income and earnings.
IND. CODE § 31-15-7-4 Sec. 4.
(a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether: Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:
(1) owned by either spouse before the marriage;
(2) acquired by either spouse in his or her own right:
(A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in IC 31-9-2-98 (b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.
IND. CODE § 31-15-7-5 Sec. 5.
The court shall presume that an equal division of the marital property between the parties is just and reasonable. Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
(2) The extent to which the property was acquired by each spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
IND. CODE § 31-15-7-6 Sec. 6.
If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. Sec. 6. If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one (1) spouse toward tuition, books, and laboratory fees for the higher education of the other spouse.
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