Indianapolis, IN asked in Divorce for Indiana

Q: Still 50/50 distribution of debts and assets?

My husband lost his job a few weeks after he told me he wanted a divorce and left me (completely out of the blue). It's been 2 months and he has yet to find another job. If I file for divorce, will debts and assets still be split 50/50, even though he is only getting unemployment? (We earned a similar salary when he announced his decision).

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2 Lawyer Answers
John Mario Acosta Jr.
John Mario Acosta Jr.
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Based on your question the starting point for any divorce is 50/50, unless the parties agree or argue away from it. So there is no guarantee of a 50/50 division of property and debts in a divorce unless you agree to it and reduce it to writing.

William J Webster
William J Webster
Answered
  • Westfield, IN
  • Licensed in Indiana

A: In Indiana the law presumes a 50/50 distribution of the marital estate. There are factors that rebut the 50/50 presumption. One of the factors includes income disparity between the parties. If you and your spouse historically earned similar amounts during the marriage, in my opinion his temporary unemployment is not sufficient to rebut the presumption and deviate from a 50/50 split.

If you have any other questions, please feel free to contact me at 317-565-1818.

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