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Indiana is a presumptive 50-50 state. This means that the court presumes that a 50- 50 division of marital assets is fair. However, this presumption may be rebutted by several factors. Those factors include (1) disparity in earning ability, (2) dissipation of marital assets, (3) whether assets were acquired before the marriage, by gift or inheritance.
The disparity in earning ability means the court will look at and consider whether or not one party can earn more income than the other. If the court finds that one party has a much greater earning ability, it may give that party less than 50% of the assets.
The dissipation of marital assets means, that if the court finds that one party has wasted marital assets, it may give the other party more than 50% of the assets. For example, if one party has a gambling addiction, and has wasted large sums of money because of that addiction, the court could give them less than 50% of the assets.
