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Indiana Divorce Law 101: Division of Assets in short-term marriage.

Indiana Divorce Law 101: Division of Assets Brought into a Short-Term Marriage.

“I married a much younger man. He brought most all of the assets into our marriage, which is over $1 million. It is not working out. If I file for divorce, what am I entitled to under Indiana law?”

The presumptive division of the marital estate is 50/50. In addition, Indiana is a one-pot theory state. What this means is that assets owned before the marriage, obtained during the marriage, or after it before separation, are included in the martial estate to be divided (a.k.a. Division of Assets) by the trial court.

However, for marriage of short-duration, the Divorce Act directs trial court to consider the extent to which assets were owned and brought into the marriage or obtained through inheritance. If this is the case, courts routinely make an unequal division far beyond the typical outside boundaries of 60%/40%.

A trial court hearing the divorce may well return the parties to their financial statutes before the divorce. This is not necessarily the case if the non-monied spouse has held to develop the asset brought into the divorce (such as co-farming the other spouse’s farm).

In this case, an something more akin to an equal division may be a proper discretionary call fora trial court. These cases take careful and exhaustive factual analysis by attorney and client. Failure to do so may result in a shortfall in trial evidence and an equal division where it ay be unwarranted.

Thus, at Ciyou & Dixon, P.C. we believe a close working relationship with legal counsel is not just prudent, but required to maximize either position. Long forgotten facts may mean the difference between thousands upon thousands of dollars in a division.

Whether this occurs, if a child is born, or a spouse is disabled or has forgone a career, child support and spousal maintenance may also come into play. Divorce is something many attorneys do, but few divorce attorneys and their clients spend the time and energy necessary to make the best case.

This is an area where Ciyou & Dixon, P.C. – Indianapolis Divorce Attorneys, spend a considerable part of their professional time. Do you believe this is the approach you need or demand in you case, if so, please contact us.


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Dixon & Moseley, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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Based in Indianapolis and founded in 1995, Dixon & Moseley, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Dixon & Moseley, P.C. will guide you every step of the way. The family law attorneys at Dixon & Moseley, P.C. will help you precisely identify your objectives and the means to reach your desired result. Life is uncertain. Be certain of your counsel. Indianapolis Divorce Attorneys, Dixon & Moseley, P.C.

Indianapolis Divorce Attorneys, Dixon & Moseley, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.