The following is a summary of Indiana property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Indiana Code and/or consult with an attorney about how the law might apply to your particular situation.

Guidelines for Determining Property Division.

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 before the marriage or 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 final division of property and a final determination of the property rights of the parties.

-From 31-15-7-5 of the Indiana Code.

The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party.

-From 31-15-7-7 of the Indiana Code.


This information has been summarized from the Indiana statutes. You can find the full-text version of these and other Indiana divorce statutes online here: Indiana Divorce Laws.




IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.


If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.