Indiana courts decide divorce outcomes based on the best interest of the child for custody, limited spousal maintenance instead of traditional alimony, and equitable division of marital property. As of July 1, 2025, custody orders require detailed findings of fact and conclusions of law for transparency. Parties can agree on terms, but judges resolve disputes using statutory factors.
Child Custody Factors
Courts prioritize the child’s best interests, considering factors like parental wishes, child’s age and sex, relationships with parents and siblings, adjustment to home/school/community, child’s wishes if mature, and parents’ mental/physical health. Judges assess each parent’s capacity to care for the child, time spent in current environments, moral fitness, and willingness to support the child’s bond with the other parent. Non-custodial parents typically receive reasonable visitation rights.
Spousal Maintenance Rules
Indiana does not award traditional alimony; instead, courts may order spousal maintenance under limited conditions like incapacity (physical/mental), custody of an incapacitated child, or rehabilitative needs for up to three years. Rehabilitative maintenance applies if one spouse sacrificed career for homemaking/childcare, evaluating education, earning capacity, and training costs. Amounts depend on incomes, marriage length, and needs, often temporary.
Property Division Process
Courts presume an equal split of marital property (acquired during marriage) is fair, but allow rebuttal based on factors like marriage length, economic circumstances, dissipation of assets, and contributions as homemaker. Separate property like pre-marital assets or inheritances stays excluded unless commingled. Options include equal value allocation, offsets, sales, or future pension shares.
SOURCES
[1](https://www.in.gov/indiana-national-guard/files/Divorce_in_Indiana.pdf)…