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Unless property is protected by a prenuptial agreement, any assets that were acquired before or during a marriage in Indiana are included in the marital pot for distribution, even when an asset or account is only in the name of one spouse.
Indiana is a ?one-pot? property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally.
Equitable Distribution in Indiana Divorce laws in Indiana, like most other states, require an equal distribution in a divorce or separation. This means that the court will determine what constitutes a fair division of marital property by weighing out various factors.
Who Gets the Family Home in an Indiana Divorce? As we've seen, Indiana law specifically allows the judge to take into account the possibility that a custodial spouse may need to own or continue living in the home the couple owns. But the law doesn't say that either spouse must get to keep the family home after divorce.
How to Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.
In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property will generally be divided equally between the two. However, there are instances where the court will give one spouse more property than the other.
How Long Does a Person Need to Be Married in Indiana to Get a Full Share of Assets in a Divorce? There is no statutory definition for a ?long? marriage in Indiana that would entitle a person to a ?full? share of assets in a divorce.
How to write up a spousal support agreement Decide on amount and how it will be paid. How much one person will pay the other each month. ... Write-up your agreement. ... Sign and make copies of the agreement. ... Take your agreement to get judge's signature and pay fee. ... Get back signed agreement and give copy to your spouse.