UNDERSTANDING YOUR RIGHTS AS AN INDIANA SPOUSE
What you're entitled to in an Indiana divorce as a husband or wife
In a divorce in Indiana, the division of assets and spousal support (alimony) is determined based on state laws and the specific circumstances of the case. Here's an overview of what a wife (or either spouse) may be entitled to in a divorce in Indiana:
Property Division:
Indiana follows the principle of equitable distribution when dividing marital property. This means that marital assets and debts are typically divided fairly but not necessarily equally. Marital property includes assets and debts acquired during the marriage, while separate property typically includes assets owned before the marriage or received through inheritance or gift.Spousal Support (Alimony):
Spousal support or alimony may be awarded in cases where one spouse requires financial assistance from the other to maintain a reasonable standard of living. The court considers factors such as the length of the marriage, each spouse's financial resources, earning capacity, and contributions to the marriage. Spousal support can be temporary or long-term, depending on the circumstances.Child Custody and Support:
If the couple has children, custody and child support will be determined based on the best interests of the child. Both parents, regardless of gender, have equal rights and responsibilities regarding their children. Custody can be joint or sole, and child support is typically calculated based on Indiana's child support guidelines.Health Insurance and Benefits:
If one spouse provided health insurance or other benefits for the family, the court may order the continuation of such benefits for the other spouse, especially if they are the custodial parent.Retirement and Pension Benefits:
Retirement accounts and pension benefits earned during the marriage may be subject to division. The court may issue a Qualified Domestic Relations Order (QDRO) to divide retirement assets.Marital Home:
The marital home is often a significant asset in a divorce. The court may order its sale and the division of proceeds or award it to one spouse, considering factors like who will have primary custody of the children.Debts:
Marital debts, such as mortgages, loans, and credit card debts, are also subject to division. The court may allocate these debts between the spouses based on various factors.
It's important to note that each divorce case is unique, and the outcome depends on factors such as the length of the marriage, the financial situation of both spouses, and the specific details of assets and debts. Spouses are encouraged to work together and consider mediation to reach an agreement whenever possible. If an agreement cannot be reached, a judge will make the final decisions based on Indiana law and the facts presented in the case. Consulting with an experienced family law attorney in Indiana is essential to understand your specific rights and entitlements in a divorce.
