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 under
IC 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 concerning
maintenance:
(1) If the court finds a spouse to be physically or mentally
incapacitated to the extent that the ability of the incapacitated
spouse to support himself or herself is materially affected, the
court may find that maintenance for the spouse is necessary
during the period of incapacity, subject to further order of the
court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital
property apportioned to the spouse, to provide for the
spouse's needs; and
(B) the spouse is the custodian of a child whose physical or
mental incapacity requires the custodian to forgo
employment;
the court may find that maintenance is necessary for the spouse
in an amount and for a period of time that the court considers
appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of
marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or
employment of a spouse who is seeking maintenance
occurred during the marriage as a result of homemaking or
child care responsibilities, or both;
(C) the earning capacity of each spouse, including
educational background, training, employment skills, work
experience, and length of presence in or absence from the
job market; and
(D) the time and expense necessary to acquire sufficient
education or training to enable the spouse who is seeking
maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse
seeking maintenance is necessary in an amount and for a period
of time that the court considers appropriate, but not to exceed
three (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 ordered
under 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 and
continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child
support that differs by more than twenty percent (20%) from
the amount that would be ordered by applying the child
support guidelines; and
(B) the order requested to be modified or revoked was issued
at least twelve (12) months before the petition requesting
modification 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 under
IC 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 reasonable
manner 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 as
the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after
the dissolution of marriage, by setting aside to either of the
parties a percentage of those payments either by assignment or
in 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 the
marital 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, that
an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the
property, regardless of whether the contribution was income
producing.
(2) The extent to which the property was acquired by each
spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the
disposition of the property is to become effective, including the
desirability of awarding the family residence or the right to
dwell in the family residence for such periods as the court
considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to
the 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 postsecondary
education
Sec. 6. If the court finds there is little or no marital property, the
court may award either spouse a money judgment not limited to the
property existing at the time of final separation. However, this award
may be made only for the financial contribution of one (1) spouse
toward tuition, books, and laboratory fees for the postsecondary
education 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 in
dividing property under this chapter, shall consider the tax
consequences of the property disposition with respect to the present
and 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 may
provide for the security, bond, or other guarantee that is satisfactory
to 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 entered
under this chapter (or IC 31-1-11.5-9 before its repeal) may not be
revoked 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 awards
contained in a dissolution of marriage decree or legal separation
decree may be enforced by:
(1) contempt;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court
order;
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.
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 under
IC 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 concerning
maintenance:
(1) If the court finds a spouse to be physically or mentally
incapacitated to the extent that the ability of the incapacitated
spouse to support himself or herself is materially affected, the
court may find that maintenance for the spouse is necessary
during the period of incapacity, subject to further order of the
court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital
property apportioned to the spouse, to provide for the
spouse's needs; and
(B) the spouse is the custodian of a child whose physical or
mental incapacity requires the custodian to forgo
employment;
the court may find that maintenance is necessary for the spouse
in an amount and for a period of time that the court considers
appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of
marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or
employment of a spouse who is seeking maintenance
occurred during the marriage as a result of homemaking or
child care responsibilities, or both;
(C) the earning capacity of each spouse, including
educational background, training, employment skills, work
experience, and length of presence in or absence from the
job market; and
(D) the time and expense necessary to acquire sufficient
education or training to enable the spouse who is seeking
maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse
seeking maintenance is necessary in an amount and for a period
of time that the court considers appropriate, but not to exceed
three (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 ordered
under 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 and
continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child
support that differs by more than twenty percent (20%) from
the amount that would be ordered by applying the child
support guidelines; and
(B) the order requested to be modified or revoked was issued
at least twelve (12) months before the petition requesting
modification 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 under
IC 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 reasonable
manner 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 as
the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after
the dissolution of marriage, by setting aside to either of the
parties a percentage of those payments either by assignment or
in 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 the
marital 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, that
an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the
property, regardless of whether the contribution was income
producing.
(2) The extent to which the property was acquired by each
spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the
disposition of the property is to become effective, including the
desirability of awarding the family residence or the right to
dwell in the family residence for such periods as the court
considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to
the 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 postsecondary
education
Sec. 6. If the court finds there is little or no marital property, the
court may award either spouse a money judgment not limited to the
property existing at the time of final separation. However, this award
may be made only for the financial contribution of one (1) spouse
toward tuition, books, and laboratory fees for the postsecondary
education 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 in
dividing property under this chapter, shall consider the tax
consequences of the property disposition with respect to the present
and 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 may
provide for the security, bond, or other guarantee that is satisfactory
to 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 entered
under this chapter (or IC 31-1-11.5-9 before its repeal) may not be
revoked 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 awards
contained in a dissolution of marriage decree or legal separation
decree may be enforced by:
(1) contempt;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court
order;
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.
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 under
IC 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 concerning
maintenance:
(1) If the court finds a spouse to be physically or mentally
incapacitated to the extent that the ability of the incapacitated
spouse to support himself or herself is materially affected, the
court may find that maintenance for the spouse is necessary
during the period of incapacity, subject to further order of the
court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital
property apportioned to the spouse, to provide for the
spouse's needs; and
(B) the spouse is the custodian of a child whose physical or
mental incapacity requires the custodian to forgo
employment;
the court may find that maintenance is necessary for the spouse
in an amount and for a period of time that the court considers
appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of
marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or
employment of a spouse who is seeking maintenance
occurred during the marriage as a result of homemaking or
child care responsibilities, or both;
(C) the earning capacity of each spouse, including
educational background, training, employment skills, work
experience, and length of presence in or absence from the
job market; and
(D) the time and expense necessary to acquire sufficient
education or training to enable the spouse who is seeking
maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse
seeking maintenance is necessary in an amount and for a period
of time that the court considers appropriate, but not to exceed
three (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 ordered
under 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 and
continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child
support that differs by more than twenty percent (20%) from
the amount that would be ordered by applying the child
support guidelines; and
(B) the order requested to be modified or revoked was issued
at least twelve (12) months before the petition requesting
modification 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 under
IC 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 reasonable
manner 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 as
the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after
the dissolution of marriage, by setting aside to either of the
parties a percentage of those payments either by assignment or
in 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 the
marital 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, that
an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the
property, regardless of whether the contribution was income
producing.
(2) The extent to which the property was acquired by each
spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the
disposition of the property is to become effective, including the
desirability of awarding the family residence or the right to
dwell in the family residence for such periods as the court
considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to
the 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 postsecondary
education
Sec. 6. If the court finds there is little or no marital property, the
court may award either spouse a money judgment not limited to the
property existing at the time of final separation. However, this award
may be made only for the financial contribution of one (1) spouse
toward tuition, books, and laboratory fees for the postsecondary
education 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 in
dividing property under this chapter, shall consider the tax
consequences of the property disposition with respect to the present
and 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 may
provide for the security, bond, or other guarantee that is satisfactory
to 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 entered
under this chapter (or IC 31-1-11.5-9 before its repeal) may not be
revoked 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 awards
contained in a dissolution of marriage decree or legal separation
decree may be enforced by:
(1) contempt;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court
order;
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.
