Protect Your Finances And Your Future

Last updated on September 16, 2025

Dividing the marital estate equitably in a divorce is no easy feat, particularly when you own substantial, high net worth or complex assets.  The determination of the appropriate distribution (allocation of assets and debts between the parties) requires extensive discovery, skilled negotiation, a breadth of hands-on experience and often even consulting experts. Smith Legal LLC presents formidable knowledge and abilities to handle the distribution of any marital estate.

I represent clients throughout central Indiana who need strong advocacy and reasoned judgement through the identification, valuation and ultimately the proper and sound division of complex assets or significant high net wealth marital estates.

Some of the issues I handle directly and through a team of experts include:

• Valuation of businesses, business ownership
• Valuation of pensions
• Valuation of personal tangible personal property
• Valuation of intangible personal property
• Appraisal of assets
• Inventory of assets
• Discovery of hidden or dissipated assets
• Determination of pre-marital separate and marital property
• Appraising and selling of real estate
• Refinancing or assuming debt for real estate
• Division of any type of retirement account
• Division of stock options and deferred income
• Addressing issues with pets and other sentimental property
• Military retirement, benefits
• Inheritance
• Gifts
• Family heirlooms
• Trusts
• Property equalization payments
• Spousal maintenance: disability or rehabilitative maintenance, temporary or permanent
• Rental or investment real estate
• Timeshares or vacation packages
• Child-related assets, college accounts, UTMAs, etc.
• Contingent interests
• E-currency
• Hard to track assets, income, benefits, etc.

No matter the amount or complexity of your finances, I will not hesitate to dive in and represent you. You can rely on my more than 20 years of experience and network of consulting experts that I can easily contact or refer to protect your financial best interests.

Property Division FAQs

The property division process can be very complicated in Indiana. It is critically important that your attorney knows the proper facts, formulas and tools to guide you through the process of distribution. Here are a few of the questions I see most often:

How is property divided in an Indiana divorce?

Indiana uses the principle of “equitable distribution.” Marital property is divided fairly though not necessarily equally. Indiana law’s presumption of an equal allocation of the net marital estate is rebuttal. To decide what is fair, courts consider factors like each spouse’s income, contribution to the marriage, the roles they had during that marriage – such as the main breadwinner or the main caretaker of the children – each party’s individual economic circumstances after the divorce, and, in some cases, the conduct of each party during the marriage itself, such as dissipation of assets.

What’s the difference between marital and separate property in Indiana?

Unless a prenuptial or postnuptial agreement is in place, all assets and debts of the parties are marital property composing the marital estate, sometimes called the marital pot. In other words, separate property does not actually exist under Indiana law, even if pre-marital, inherited or gifted. A couple’s assets titled individually or jointly is typically irrelevant to some degree. Parties own them assets collectively and have a right to all assets during division. The distribution of the marital estate is highly fact-sensitive, taking into account anything considered to impact the equitableness of distribution – i.e. is it just, reasonable and fair. Even inheritances and gifts received individually can qualify as joint assets, even if not commingled during the marriage. when they were technically obtained during the marriage. A court (or negotiations) involved looking into the nature of the assets, the timing of obtaining the assets (or debts), the method they were obtained and the use and application of particular assets over the course of a marriage. Bottom line, arguing that an asset is separate is not the proper or correct approach. The argument focuses on a deviation from the presumptive equal distribution based on relevant facts, which Smith Legal LLC is very experienced in addressing and emphasizing in mediation or in court.

Will I have to sell my house in an Indiana divorce?

Not necessarily. Many couples do sell for the simple reason that it is easy to split up the net proceeds (Net means gross less debt/lien payoff) received from the sale since they both had a joint or perhaps equal claim to the equity. But there are other options, such as one spouse buying out the other person’s ownership share, property equalization payments or offsetting the equity with other similar cash assets. If the court has to decide what to do with the house, it may consider factors like each person’s financial ability to maintain the home, payment of debt and expenses, the children’s needs after the divorce and other aspects of the overall property division process.

How are retirement accounts divided in Indiana divorce cases?

All retirement accounts are considered marital property, such as 401(k)s and pensions accrued during marriage, even if they are not subject to direct division, such as the public employees retirement fund (PERF). While most can be divided through the use of an IRA transfer order or if governed by ERISA, a Qualified Domestic Relations Order (QDRO). Even if the earner of the plan has not yet retired, they may have to split a portion of those future benefits with their spouse, which may be based on the length of earning during the marriage.

Can my spouse claim part of my business in our Indiana divorce?

Yes, in some cases. For instance, perhaps the business was started or grew in value during the marriage. The total value, and not only the increase in value, may be considered marital property.

This means that a business, even if wholly owned by one spouse, is subject to property division. Some factors the court may consider in dividing a business value include use of marital funds as capital to start or grow the business,, when the business was established, what type of assets make up the value of the business, and if both spouses made significant contributions – which could include things like caring for the children so that the business owner could focus on the company. Prenuptial agreements and postnuptial agreements can sometimes be used to protect business ownership and keep it out of property division.

What happens to debt in an Indiana divorce?

Just as with assets, marital debts generally need to be divided between spouses. It does not necessarily matter whose name is on the account if the debt was incurred during the marriage. Potential marital debt to consider includes credit card balances, mortgages loans, car loans, student loans and more.

For example, if your spouse took out student loans before you got married, such as loans acquired right after high school, those are marital debt (even if your name is not on the account).

How long does property division take in Indiana?

Every case is unique, and the exact timeline varies, depending on the complexity of the case. One thing to note is that Indiana has a 60-day waiting period for divorce, so the court cannot finalize the divorce any faster than that. Typically, a divorce involving high-net worth and complex assets may take several months.

Do I need an attorney for property division in my Indiana divorce?

Having an attorney like me may not be legally required, but it is highly recommended. For one thing, this may be the first time you are going through the process and addressing these property division issues, so it can be helpful to work with an attorney who has done it many times. An attorney can be especially helpful when handling business interests, complex assets and other assets – like real estate – that have a significant value. Even debt, if not handled correctly, can have substantial adverse impacts on the parties post-divorce.  An experienced lawyer can help you protect your financial interests and explore your legal options at this critical time.

A Network Of Professionals On Your Side

When you work with Smith Legal LLC, you receive the assistance of not only an experienced and candid lawyer but also a spectrum of outside experts. In over 20 years of divorce practice, I have built a network of professional resources for the benefit of my clients. From real estate appraisers, real estate brokers, financial and tax advisors, business valuators, forensic accountants and pension valuators, my team is ready to serve you.

The Mediator And Litigator You Need

I have achieved numerous favorable outcomes for clients through both mediation and litigation. I believe that amicable resolution (typically through mediation) is the best step for every case. Mediation typically reduces stress, moves faster than litigation and saves money. If a final contested hearing becomes necessary, I will prepare and represent you very well in court.

Get Experienced Representation For Complex Asset Distribution

For all issues involving complex assets, high net wealth marital estates, business ownership or other property and asset distribution of any kind, I am here to offer my counsel. For an initial consultation, contact Smith Legal LLC at its Noblesville, Hamilton County Indiana law office at CALL or send an email.