How is the property divided?
In Indiana, an equal division of the marital property is presumed to be just and reasonable. However, an equal division of marital property is not mandated by the court and the presumption of an equal division may be rebutted by a party who presents relevant evidence that an equal division would not be just and reasonable. The court will consider the following evidence: 1) the contribution of each spouse of 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 property is to become effective; 4) the conduct of the parties during the marriage as related to the disposition or dissipation of their property; and 5) the earnings or earnings ability of the parties.
