Louisville, KY asked in Family Law for Indiana

Q: In indiana, is the wife intitled to more after 5 years of marriage vs 3 years? No children.

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1 Lawyer Answer
Clarissa Finnell
Clarissa Finnell
  • Indianapolis, IN
  • Licensed in Indiana

A: I assume your question relates to the division of marital assets/debts and how that division is determined. If you do not have prenuptial agreement, then the marital estate will include all assets/debts owned or owed by either party at the time you file for divorce. The presumption is that the marital estate be divided equally. However, there are several factors a court can consider which may allow them to deviate from the 50/50 presumption. One of those factors is the value of assets/debts brought into the marriage. So, if your marital estate consists of mostly premarital assets; the length of your marriage may play a factor. For example, a court may not give as much weight to assets parties brought into a 25 marriage as they would a 5 year marriage. As there are several considerations involved in dividing the marital estate, it is important to discuss the facts of your case with a qualified family law attorney to determine all the factors that may play a role in your particular case.

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