Property and Maintenance in a Divorce

The court presumes an equal division of the marital property is just and reasonable. A spouse may rebut that with evidence that an equal split would not be, including each spouse's contribution, income producing or not, property owned before the marriage or received by inheritance or gift, each spouse's economic circumstances, conduct that dissipated property, and earnings or earning ability.

• §IC 31-15-7-5StatutePresumption for equal division of marital property; rebuttalOpens iga.in.gov ↗

The court may find maintenance necessary only in these cases.

• For a spouse whose physical or mental incapacity materially affects the ability to self support, for the period of incapacity.
• For a spouse without sufficient property who has custody of a child whose incapacity keeps that spouse from working.
• Rehabilitative maintenance, after weighing education, interruptions for homemaking or child care, earning capacity and the time and cost of training, for not more than three years from the final decree.

• §IC 31-15-7-2StatuteFindings concerning maintenanceOpens iga.in.gov ↗