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Indiana divorce - Property Distribution.


Indiana is an "equitable distribution" state. The court will divide all of the spouses' Property in a just manner, whether jointly or separately owned and whether acquired before or after the Marriage, including any gifts or inheritances. There is a presumption that an equal division is just and reasonable. Marital fault is not a factor. The following factors are considered:
 
(1) the contribution of each spouse to the acquisition of the marital Property, regardless of whether the contribution was income-producing; (2) the economic circumstances of each spouse at the time the division of Property is to become effective, including the desirability of awarding the family residence to the spouse having custody of the children; (3) the actual earnings and the present and potential earning capability of each spouse; (4) the extent to which the Property was acquired by each spouse prior to Marriage or through gift or inheritance; (5) the conduct of the spouses during the Marriage as it relates to the disposition of their Property; and (6) the tax consequences of any Property division. If there is insufficient marital Property, the court may award money to either spouse as reimbursement for the financial contribution by 1 spouse toward the higher education of the other.
 
[Annotated Indiana Code; Title 31, Article 15, Chapter 7].
 
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