When divorce is on the horizon, spouses typically have many questions about the process ahead. In some cases, the details are easy to resolve because the spouses have already signed a marital agreement. The terms of that agreement can guide property division and facilitate an uncontested divorce.
Other times, it may be possible to settle disagreements about property division by working cooperatively. When spouses find themselves disagreeing about the best way to divide their property, they may require the intervention of a family law judge.
In a contested or litigated divorce scenario, spouses provide information about their assets and debts to the courts. A judge applies state law based on their interpretation of the circumstances. Many people worry about losing half of everything they own when they divorce.
Is a 50/50 split of property the standard outcome of asset division in a litigated Indiana divorce?
The law requires more consideration than a simple 50/50 split
Community property rules may require that spouses split their resources as evenly as possible when they divorce. Indiana is not technically a community property state. Instead, the asset distribution statute that guides divorce proceedings focuses on equitable or fair property division outcomes.
Judges usually begin the process operating under the assumption that an even split is the best and most equitable solution. However, that is a rebuttable presumption. In plain English, either spouse has the option of presenting evidence showing that an even split is not fair given the circumstances of the spouses.
Uneven earning potential, health challenges and a variety of other factors can convince judges that an uneven distribution of property is the most reasonable solution. Judges can order the division or sale of individual assets. They can also use certain assets or marital dots to balance the distribution of high-value resources.
What a judge decides is fair can be very different from what spouses expect or hope for when they divorce. When spouses feel strongly about retaining certain assets or securing certain property division terms, they may want to work toward an uncontested property division settlement, if possible.
Those who understand what happens during divorce litigation can use that insight to evaluate their options and establish reasonable expectations. Learning more about the basics of divorce can help spouses push for appropriate divorce settlements.