Did you know that in Indiana it does not matter whose fault it is that a marriage failed? In Indiana, the general rule is that bad behavior does not play a role in which assets you receive. Instead, almost all of the marital property goes into “one pot,” including assets and debts. That pot is then divided in half between the parties. What are some exceptions? If you can prove your spouse “dissipated” the marital assets, you may be entitled to more. Generally, you would have to prove your spouse gambled away your funds or spent funds in a way that is not consistent with the marriage, such as spending the funds on a person who is having a secret relationship with one spouse. You will have to have credible proof, but that can save you from having to potentially pay debts that were acquired in a way that is inconsistent with martial values. One way to prove your spouse has dissipated marital funds is by using bank statements to show where the funds were going.
This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.