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In Indiana, the division of property during a divorce is governed by the rule of equitable distribution. This often results in a 50/50 split of marital assets, but a court can decide to divide property unequally in the interest of fairness, taking into account the unique circumstances of each case.Indiana Code 31-15-7-5 provides that a court should presume that an equal division of the marital property between the spouses is just and reasonable. But this presumption may be rebutted by a spouse who presents evidence relating to the following factors:

• Each party’s pre-marital financial condition — One spouse may have entered the marriage with significantly greater assets. For example, if a spouse owned a business before the marriage, the court might allocate a larger share of that business to that spouse, especially if the other spouse did not contribute to its growth or maintenance during the marriage.
• Property acquired prior to marriage or through inheritance or gift — Indiana law does not recognize the concept of separate property during marriage. However, the court will consider how property owned prior to marriage or received by either spouse by gift or inheritance was treated during the marriage. For instance, if an inheritance was used to purchase a large asset like the family home, that will be a factor weighed in deciding how the asset might be divided.
• Each spouse’s contribution to the marital estate — This doesn't just mean financial contributions. A spouse who stayed at home to care for children might not have directly contributed financially but may have provided essential support that allowed the other spouse to earn income and acquire assets. 
• Each spouse’s future income-earning capacity — If one spouse has significantly higher earning potential, the court might allocate more assets to the other spouse to balance out their financial futures. This is especially relevant in situations where one spouse sacrificed career opportunities to support the family or the other spouse's career. 
• Each spouse’s economic circumstances at the time of distribution — The court may award a larger share of the marital assets to a spouse who is in a weaker financial position and so might face more significant challenges after the divorce. This could include considerations such as health issues, lack of employable skills, or the need to care for young children.
• Each spouse’s conduct as it relates to dissipation of property — If one spouse wasted or misused marital assets through activities such as gambling, substance abuse or extravagant spending, the court may compensate the other spouse by awarding them a larger share of the remaining assets.

A significant challenge in equitable distribution is the accurate identification and valuation of assets. Spouses may attempt to hide or undervalue assets to gain a more favorable division. Thorough investigation and discovery are essential to ensure that all assets are accounted for and fairly divided. A skilled divorce asset division attorney plays a vital role in this process.   Whenever possible, your attorney can negotiate a property distribution agreement so as to avoid contention and arrive quickly at a fair and just outcome.The attorneys at Shilts & Setlak, LLC assist spouses in divorce matters in Fort Wayne and surrounding areas of Indiana. Call us at 260-475-3106 or contact us online for a consultation.