When most couples marry, they slowly and unwittingly merge their financial, business, and personal lives together. They may have a car loan on a car purchased for the husband, but as time goes on, it makes sense for the wife to drive it, such as if one car dies and the husband gets a company car. A joint account may be equally contributed to or each party’s paycheck goes into it and is used to pay for all bills. Parties, in fact, have rituals for who pays what and how the household is handled that are unsaid and unwritten but ... Read More
Tag: marital assets
28
May2020
16
Jan2020
Upon divorce, your investment accounts, whether it be a common stock portfolio, retirement account, or pension, is a property that is subject to division upon divorce. That leads many to ask the question of whether they will have to sell the investment account in order to divide it upon divorce? This blog provides a brief overview of how investment accounts are handled upon divorce and provide an answer to the question of whether you are required to sell such investments.
In Indiana, all marital property is subject to division in a dissolution of marriage. “Marital property” is property that is owned ... Read More
13
Jul2016
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody statutes.
In the past, the “private” in “private investigator” has conjured up sleazy images for attorneys and litigants, evoking the thought of illegal activity. Today, private investigators use state of the art technology matched with honed observational skills and are consummate ... Read More
06
Apr2016
Under Indiana law, a trial court starts dividing the marital estate with the presumption of an equal division. There are numerous reasons for the court to deviate and award the other spouse more if it is fair (equitable in legal parlance). A category that is often overlooked is “dissipation” of marital assets, which means the illicit or illegal acts of a party has reduced the amount of the estate available to divide.
This blog looks at three common types of dissipation of marital assets. The first is alcohol or drug addiction. With this, a party may reduce the total marital estate ... Read More
22
Jul2011
"What can I do and explain my rights if my spouse has been hiding funds preparing for a divorce or wasting marital assets on gambling, drugs, or illicit relationships?"
Generally, missing or hidden assets, what is referred to as marital waste under formal legal terminology, should be attributed to the spouse who is acting improperly. Under the Indiana Divorce Act, a trial court is to presume an equal division of the marital estate is just and reasonable.
This said, a trial court may deviate from the equal presumption in cases of marital waste. For the most part, Ciyou & Dixon, P.C. advocates ... Read More
18
May2011
"How are unvested stock options, unvested retirement benefits, or a potential inheritance treated by divorce courts?"
They are not. Indiana’s one-pot theory pulls all assets and liabilities brought into the marriage or acquired during the marriage but before the filing of a divorce into the “pot” or marital estate for division.
This gives judges wide discretion to apportion it and reach a just and reasonable division of the marital estate. At Ciyou & Dixon, P.C., however, we observe this sweeping definition of and reach to marital assets sometimes creates a false sense of security or expectation.
If a stock or pension is not ... Read More