§ 31-15-7-5 — Presumption for equal division of marital property; rebuttal

Indiana § 31-15-7-5

• Jurisdiction: Indiana
• Art. 15: FAMILY LAW: DISSOLUTION OF MARRIAGE
• Ch. 7: Disposition of Property and Maintenance

Text

The court shall presume that an equal division
of the marital property between the parties is just and reasonable.
However, this presumption may be rebutted by a party who presents
relevant evidence, including evidence concerning the following factors,
that an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the
property, regardless of whether the contribution was income
producing.
(2) The extent to which the property was acquired by each spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the
disposition of the property is to become effective, including the
desirability of awarding the family residence or the right to dwell
in the family residence for such periods as the court considers just
to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to
the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
[Pre-1997 Recodification Citation: 31-1-11.5-11(c).]

Legislative History

As added by P.L.1-1997, SEC.7.