We receive questions all the time from clients and prospective clients regarding how the court will divide their inheritance in a divorce. Unfortunately, there is no quick and straightforward answer to that question. The division of property in Indiana depends greatly on the facts and circumstances of each case. However, there are some uniform concepts and rules that will help give you an idea of how the trial court will treat your inheritance during divorce. In this blog, we provide a brief overview of how property is divided in Indiana, and how you may be able to keep your inheritance ...
Tag: marital property
October 1, 2020CD
There are many times couples physically separate but continue to stay married. There are a variety of reasons this occurs. For instance, maybe one spouse has a chronic medical condition and would lose health care coverage he or she has under the other spouse’s group medical plan upon divorce. However, in most cases, there comes a time when a party who has been separated for a time from their spouse wants a divorce to move on (perhaps with a new romantic interest). This raises a profound question. What is in the marital pot for the court to divide? Is it ...
September 10, 2020CD
In today’s mobile society, it is common for parties to have a second home in another state or country. Many people who are divorcing think this is outside the Indiana divorce court’s jurisdiction because it is not within the state. That is not the case, although it does create several problems for litigants and their attorneys. All marital property brought into the marriage, acquired during the marriage to the date of filing, is marital property for the trial court to divide.1 This blog covers the basics of how homes and other real property located in other places are addressed in ...
July 30, 2020CD
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce them. But what happens if the settlement agreement was improper or was based on something like fraud? Is there ever any instance in which a court can modify an agreement? The Court of Appeals recently addressed such questions in their ...
July 23, 2020CD
In Indiana, assets acquired by either party before the marriage and brought into the marriage, acquired during the marriage and up to the date of filing, are considered marital property subject to the court’s division. Furthermore, the presumption for a just and equitable division is a 50/50 division, although the trial court has vast discretion to deviate for any fair reason.1 Where worker’s comp awards of personal injury settlements (particularly structured settlements) come into play, they generate a lot of confusion and acrimony between the parties. This blog generally surveys the legal landscape and covers what you may do with ...
June 24, 2020CD
Most seasoned family law attorneys have consulted with divorced parties who learn after the divorce, that a spouse did not disclose assets. These potential clients want to know what, if any remedy, they have in pursuing their share of that asset. The threshold issue is to determine from a cost-benefit analysis if the fight is worth your percentage of the non-disclosed asset. If the account or asset is only worth a few hundred or thousand dollars, then the legal fees and emotional grief related to litigation usually are not worth the fight. On the other hand, if the secreted asset ...
June 4, 2020CD
The prospect of a divorce for a stay-at-home parent can be overwhelming, raising questions like, “How do I get a job because I have lost my skills being out of the workforce for so long?” to “If I obtain physical custody of the children, can I remain in the marital home?” Clearly, divorce will be life-changing for these parents. This blog covers protections and rights of stay-at-home parents in divorce cases. First, and perhaps frightening for the stay-at-home parent, is that there is a presumption of an equal division of property. This includes what you brought into the marriage and acquired ...
June 4, 2020CD
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 ...
May 28, 2020CD
Divorce is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. However, much of this stress can be relieved by being informed of the divorce process and preparing for what’s ahead. In this blog, we provide you with five things for you to consider when undergoing the divorce process in Indiana. You Won’t “Win”. The first thing you must know is that you won’t “win” a divorce. No matter how favorable a divorce decree may be for an individual, no one ever walks away feeling they have really won anything. ...
April 15, 2020CD
The most helpful divorce litigant is one who understands the divorce process for the issues in their case (such as disputed custody or division of high assets marital estates). In this blog we will survey some of the key considerations a judge will typically utilize in dividing up high asset estates; generally, these are net marital estates that surpass one million dollars in net worth (after the liabilities are deducted). The place to start in understanding how judges look at property division is with the presumptions in the Divorce Act (the statutes that have been passed by the legislature and signed ...
January 17, 2020CD