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Alright, so how do the courts actually decide *how* to divide this marital property? As we mentioned earlier, Indiana follows the principle of **equitable distribution**. That means the court aims for a fair outcome, not necessarily an equal split. To determine what's fair, the court will look at a bunch of different things. They'll consider each spouse's contributions to the marriage, both financial and non-financial. This includes things like income, as well as contributions to the household, such as childcare or homemaking. The court will also consider the economic circumstances of each spouse after the divorce. This includes things like their earning potential, their health, and their age. If one spouse has significantly more earning power than the other, the court may award a larger share of the property to the spouse with the lower earning capacity. They'll also consider any misconduct by either spouse that may have depleted the marital assets. For example, if one spouse wasted marital funds on gambling or an affair, the court might award the other spouse a greater share of the property to compensate for the lost assets. The court has a lot of discretion here. There's no one-size-fits-all formula. The judge will carefully weigh all the factors and come up with a division that they believe is fair under the circumstances. In most cases, the court will start with a presumption of a 50/50 split, but it can adjust that based on the factors we've discussed. In a nutshell, if you are looking at an Indiana divorce, expect a fair distribution, not necessarily a 50/50 split. Remember, that the courts will consider a variety of factors to make sure it is a fair outcome, based on the totality of the circumstances. Because property division can be complicated, it's always smart to have a good attorney on your side, one that knows all the ins and outs of Indiana family law. Having a lawyer means you'll have someone to help you navigate the process. They can explain your rights, advise you on the best course of action, and represent your interests in court. Getting legal help also provides you with important financial advice, as you look at all of your assets.
