Charles H. Robertson

Indiana allows a married couple to acquire a legal separation. It can establish that the marriage has been irretrievably broken. During a divorce, a judge can make temporary orders related to child support, child custody, and spousal support. However, during this time the couple is still legally married. They are not free to marry anyone else. Legal separation is often chosen by people who would like to try a trial separation while putting firm orders in place, who are part of religions that forbid divorce or who may want to retain other benefits like health insurance or Social Security entitlement but who do not want to live with their spouse. Once a divorce decree is entered, the spouses’ relationship is legally terminated.

Indiana is an “equitable distribution” state, meaning that when a couple divorces, there must be an equitable, or fair, division of property and debts. Indiana law presumes that an equal split of property is fair, so most cases will result in a 50/50 split of the overall value of the marital property. The court can allow for a different division of property if a spouse seeking a greater share provides relevant evidence that shows an equal division of property would not be just and reasonable. When dividing the property, the court can consider the following circumstances: • The contribution of each spouse to obtaining the property, including contributions as a homemaker • The extent to whether the property was acquired by a spouse before the marriage or through inheritance or a gift • The spouses’ current economic circumstances • The spouses’ conduct during the marriage as related to the waste of marital property • The earning capacity of each spouse