IC 31-15-7
    Chapter 7. Disposition of Property and Maintenance

IC 31-15-7-1
Order for maintenance
    Sec. 1. The court may order maintenance in:
        (1) final dissolution of marriage decrees entered underIC 31-15-2-16; and
        (2) legal separation decrees entered under IC 31-15-3-9;
after making the findings required by section 2 of this chapter.
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.8.

IC 31-15-7-2
Findings concerning maintenance
    Sec. 2. A court may make the following findings concerningmaintenance:
        (1) If the court finds a spouse to be physically or mentallyincapacitated to the extent that the ability of the incapacitatedspouse to support himself or herself is materially affected, thecourt may find that maintenance for the spouse is necessaryduring the period of incapacity, subject to further order of thecourt.
        (2) If the court finds that:
            (A) a spouse lacks sufficient property, including maritalproperty apportioned to the spouse, to provide for thespouse's needs; and
            (B) the spouse is the custodian of a child whose physical ormental incapacity requires the custodian to forgoemployment;
        the court may find that maintenance is necessary for the spousein an amount and for a period of time that the court considersappropriate.
        (3) After considering:
            (A) the educational level of each spouse at the time ofmarriage and at the time the action is commenced;
            (B) whether an interruption in the education, training, oremployment of a spouse who is seeking maintenanceoccurred during the marriage as a result of homemaking orchild care responsibilities, or both;
            (C) the earning capacity of each spouse, includingeducational background, training, employment skills, workexperience, and length of presence in or absence from thejob market; and
            (D) the time and expense necessary to acquire sufficienteducation or training to enable the spouse who is seekingmaintenance to find appropriate employment;
        a court may find that rehabilitative maintenance for the spouseseeking maintenance is necessary in an amount and for a periodof time that the court considers appropriate, but not to exceedthree (3) years from the date of the final decree.As added by P.L.1-1997, SEC.7.

IC 31-15-7-3
Modification or revocation of order for maintenance
    Sec. 3. Provisions of an order with respect to maintenance orderedunder section 1 of this chapter (or IC 31-1-11.5-9(c) before its repeal)may be modified or revoked. Except as provided in IC 31-16-8-2,modification may be made only:
        (1) upon a showing of changed circumstances so substantial andcontinuing as to make the terms unreasonable; or
        (2) upon a showing that:
            (A) a party has been ordered to pay an amount in childsupport that differs by more than twenty percent (20%) fromthe amount that would be ordered by applying the childsupport guidelines; and
            (B) the order requested to be modified or revoked was issuedat least twelve (12) months before the petition requestingmodification was filed.
As added by P.L.1-1997, SEC.7.

IC 31-15-7-4
Division of property
    Sec. 4. (a) In an action for dissolution of marriage underIC 31-15-2-2, the court shall divide the property of the parties,whether:
        (1) owned by either spouse before the marriage;
        (2) acquired by either spouse in his or her own right:
            (A) after the marriage; and
            (B) before final separation of the parties; or
        (3) acquired by their joint efforts.
    (b) The court shall divide the property in a just and reasonablemanner by:
        (1) division of the property in kind;
        (2) setting the property or parts of the property over to one (1)of the spouses and requiring either spouse to pay an amount,either in gross or in installments, that is just and proper;
        (3) ordering the sale of the property under such conditions asthe court prescribes and dividing the proceeds of the sale; or
        (4) ordering the distribution of benefits described inIC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable afterthe dissolution of marriage, by setting aside to either of theparties a percentage of those payments either by assignment orin kind at the time of receipt.
As added by P.L.1-1997, SEC.7.

IC 31-15-7-5
Presumption for equal division of marital property; rebuttal
    Sec. 5. The court shall presume that an equal division of themarital property between the parties is just and reasonable. However,this presumption may be rebutted by a party who presents relevant

evidence, including evidence concerning the following factors, thatan equal division would not be just and reasonable:
        (1) The contribution of each spouse to the acquisition of theproperty, regardless of whether the contribution was incomeproducing.
        (2) The extent to which the property was acquired by eachspouse:
            (A) before the marriage; or
            (B) through inheritance or gift.
        (3) The economic circumstances of each spouse at the time thedisposition of the property is to become effective, including thedesirability of awarding the family residence or the right todwell in the family residence for such periods as the courtconsiders just to the spouse having custody of any children.
        (4) The conduct of the parties during the marriage as related tothe disposition or dissipation of their property.
        (5) The earnings or earning ability of the parties as related to:
            (A) a final division of property; and
            (B) a final determination of the property rights of the parties.
As added by P.L.1-1997, SEC.7.

IC 31-15-7-6
Monetary judgment to spouse for expenses of postsecondaryeducation
    Sec. 6. If the court finds there is little or no marital property, thecourt may award either spouse a money judgment not limited to theproperty existing at the time of final separation. However, this awardmay be made only for the financial contribution of one (1) spousetoward tuition, books, and laboratory fees for the postsecondaryeducation of the other spouse.
As added by P.L.1-1997, SEC.7. Amended by P.L.2-2007, SEC.359.

IC 31-15-7-7
Tax consequences of property division
    Sec. 7. The court, in determining what is just and reasonable individing property under this chapter, shall consider the taxconsequences of the property disposition with respect to the presentand future economic circumstances of each party.
As added by P.L.1-1997, SEC.7.

IC 31-15-7-8
Security, bond, or other guarantee of division of property
    Sec. 8. Upon entering an order under this chapter, the court mayprovide for the security, bond, or other guarantee that is satisfactoryto the court to secure the division of property.
As added by P.L.1-1997, SEC.7.

IC 31-15-7-9
Repealed
    (Repealed by P.L.197-1997, SEC.29.)
IC 31-15-7-9.1
Revocation or modification of property disposition orders; fraud
    Sec. 9.1. (a) The orders concerning property disposition enteredunder this chapter (or IC 31-1-11.5-9 before its repeal) may not berevoked or modified, except in case of fraud.
    (b) If fraud is alleged, the fraud must be asserted not later than six(6) years after the order is entered.
As added by P.L.2-1998, SEC.75.

IC 31-15-7-10
Enforcement
    Sec. 10. Notwithstanding any other law, all orders and awardscontained in a dissolution of marriage decree or legal separationdecree may be enforced by:
        (1) contempt;
        (2) an income withholding order; or
        (3) any other remedies available for the enforcement of a courtorder;
except as otherwise provided by this article.
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.9;P.L.148-2006, SEC.12.