In most cases, Indiana courts consider nearly everything either spouse owns as part of the marital estate when dividing assets during divorce. It doesn’t matter whether an asset was acquired before the marriage or built up over time.
There is a rebuttable presumption that an equal division is fair, which may be unsettling for individuals with substantial assets. However, the law allows judges to deviate from a 50/50 split when the circumstances justify it. The duration of the marriage is among the factors that courts consider when dividing the marital estate.
Short-term marriages often mean cleaner breaks
If you were married for only a few years, the court is more likely to try to restore each party to their financial position before the marriage. While it doesn’t guarantee a return to the premarital status quo, a short marriage does open the door to arguments that premarital assets or separate investments should largely remain with their original owner.
Longer marriages change the equation
In marriages that span decades, the spouses’ financial lives are deeply intertwined, and it’s far more difficult to define who contributed what to the marital pot. For instance, one spouse may have paused their career or made certain sacrifices to manage the household, while the other advanced their career with that support in place.
Due to the long-term interdependence, courts are generally inclined to divide assets more equally, regardless of whose name is on a title or who was the major breadwinner.
Safeguard your financial interests
If you are contemplating divorce or have already started the process, don’t assume property division will be automatic or predictable. Beyond the duration of your marriage, other unique aspects of your situation may influence how everything unfolds.
Reaching out for early legal guidance can help you understand how the law works and what you can do to increase the odds of a fair settlement.