Jesse G. Pace answers:
Trial courts in Indiana are tasked with dividing marital property in a “just and reasonable manner.” Marital property refers to property acquired during the marriage, while separate property refers to property that you brought into the marriage or acquired during the marriage via inheritance or gift to you. Even so, Indiana law tells us that all property is considered part of the marital estate and the party seeking to exclude property from the marital estate has to show why it is not part of the martial estate. Additionally, in Indiana future earnings are not considered marital property or part of the marital estate subject to property division by the Court. If you have property prior to a marriage that you may not want considered during your divorce, you should strongly consider a premarital agreement.
Jesse G. Pace is an associate attorney at Broyles Kight & Ricafort, P.C. where he practices in the area of family law. Visit the firm’s Divorce Magazine online profile.