In most states, the property that a couple owns can be sorted into two categories: separate property and marital property. People can keep their separate property during a divorce, since they are the only ones with an ownership claim. However, they have to divide marital property.
That said, Indiana is a bit different. It is known as a whole pot state. This means that there is no separate property at all. Instead, everything that the couple owns goes into the same pot and is considered marital property.
For instance, if your spouse owned a home before you got married, other states may consider that separate property, so they would keep the full ownership of the house after a divorce. But once you get married, Indiana considers the house to be marital property that has to be divided with all of your other assets.
Property protections
Not only does this help to define how property is addressed during divorce, but it also means you have to take specific steps if you want to protect it or keep it after the end of your marriage.
Two of the most common ways to do this are to use prenuptial agreements and postnuptial agreements. Indiana law is not going to designate anything that you own as separate property that belongs exclusively to you. But you and your spouse can sign legal agreements stating that certain assets will not go through property division. If this paperwork is executed properly before the divorce, you can take some control over how your assets get split up.
It is very important to understand the differences in the law in Indiana when going through a divorce, and you must be well aware of all of your legal rights and options.