Indiana Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   In Indiana, where the law starts from a presumption that splitting the entire marital estate equally is just and reasonable, a marital settlement agreement is the written contract divorcing spouses use to set property and debt division, spousal maintenance, and by reference custody and child support for the decree that ends the marriage.

2. 2

   Indiana is an equitable-distribution state, not a community property state, and it uses a one-pot rule: all property either spouse owns, whenever or however acquired, is part of the marital estate subject to division (Ind. Code 31-15-7-4).

3. 3

   The court must presume that an equal, 50/50 division of the marital estate is just and reasonable (Ind. Code 31-15-7-5). That presumption is rebuttable, so a spouse can present evidence, such as pre-marital property, inheritance, gifts, or each party's contribution, to justify an unequal split.

4. 4

   A marital settlement agreement lets you set the division yourselves rather than leaving it to the court. If the court approves, your agreed split controls, whether that is an even division or an unequal one you both accept.

5. 5

   Indiana has no general spousal maintenance. A court may order it only in the three limited categories of Ind. Code 31-15-7-2: incapacity maintenance, maintenance for a spouse who is the custodian of an incapacitated child, and rehabilitative maintenance capped at three years from the final decree. There is no statewide amount or duration formula.

6. 6

   Child support follows Ind. Code 31-16-6-1 and the Indiana Child Support Guidelines, which use the Income Shares Model; the guideline amount is a rebuttable presumption of the correct amount. Custody and child support stay court-approved and modifiable and cannot be bargained away.

7. 7

   Once both spouses sign and the court approves, the written agreement is incorporated and merged into the decree and the parties are ordered to perform its terms (Ind. Code 31-15-2-17). A final hearing may not be held earlier than sixty days after the petition is filed (Ind. Code 31-15-2-10).

Indiana Requirements for Marital Settlement Agreement

• Equitable Distribution, One Pot

  Indiana is an equitable-distribution state, not a community property state. It uses a one-pot rule: all property either spouse owns, whenever or however acquired, is part of the marital estate subject to division (Ind. Code 31-15-7-4).

• Rebuttable Equal-Division Presumption

  The court must presume that an equal, 50/50 division of the marital estate is just and reasonable (Ind. Code 31-15-7-5). That presumption is rebuttable with evidence such as pre-marital property, inheritance, gifts, each party contribution, economic circumstances, and earning ability.

• Agreed Division Controls

  A marital settlement agreement lets the spouses set the property division themselves rather than leaving it to the court. If the court approves, the agreed split controls, whether it is an even division or an unequal one both spouses accept.

• No General Spousal Maintenance

  Indiana has no general spousal maintenance. A court may order it only in the three limited categories of Ind. Code 31-15-7-2: incapacity maintenance, maintenance for the custodian of an incapacitated child, and rehabilitative maintenance capped at three years from the final decree. There is no statewide amount or duration formula.

• Child Support Follows the Guidelines

  Child support follows Ind. Code 31-16-6-1 and the Indiana Child Support Guidelines, which use the Income Shares Model. The guideline amount is a rebuttable presumption of the correct amount, and child support cannot be bargained away.

• Custody and Child Support Stay Modifiable

  Custody and child support terms in an Indiana marital settlement agreement remain subject to court approval, are decided on the best interests of the children, and can be modified later. These terms are never fixed the way a property division can be.

• In Writing, Approved, and Incorporated

  The parties may agree in writing to provisions for property, maintenance, and custody and support. If the court approves, the terms are incorporated and merged into the decree and the parties are ordered to perform them (Ind. Code 31-15-2-17). No Indiana statute requires notarization.

• Sixty-Day Minimum Before Final Hearing

  A final hearing on the petition for dissolution may not be held earlier than sixty days after the petition is filed (Ind. Code 31-15-2-10). That period cannot be shortened by agreement of the parties, so a marital settlement agreement cannot make the divorce final any sooner.