10 Indiana Dissolution of Marriage Mistakes to Avoid (2026)

Indiana's 50/50 presumption and all-property marital pot create specific mistakes not seen in most other states. Avoid these common errors.

Mistake #1 — Assuming Pre-Marital or Inherited Property Is Automatically Excluded

Indiana puts ALL property in the marital pot — no exceptions. Many Indiana filers assume their pre-marital 401k or an inherited home is "theirs" and cannot be touched. This is incorrect. The asset is in the pot, and the burden is on the party seeking to keep it to prove a deviation from 50/50 is just.

Fix: Document the pre-marital or inherited origin. Address the asset explicitly in the Settlement Agreement with the agreed treatment and the rebuttal basis.

Mistake #2 — Not Documenting the Basis for Deviating from 50/50

The Settlement Agreement states an unequal split but provides no reasoning. Some judges scrutinize agreed deviations from the 50/50 presumption and may decline to approve without a factual basis.

Fix: Include a brief statement in the Settlement Agreement identifying which rebuttal factor (IC 31-15-7-5) supports the deviation:

"Wife is awarded 70% of the marital home equity based on Wife's pre-dissolution contributions to the mortgage from pre-marital savings [Factor 1] and the economic disparity between the parties [Factor 3]."

Mistake #3 — Filing and Expecting Immediate Dissolution

The 60-day waiting period is non-waivable. Filers who believe they can finalize the same week they file are always wrong. Planning around the 60-day rule is essential.

Fix: File as early as possible to start the clock. Prepare all documents and complete negotiations during the 60-day window.

Mistake #4 — Skipping the QDRO After the Dissolution

The Decree of Dissolution does not divide the retirement account. Only a QDRO does. Many Indiana filers believe the Decree is sufficient and discover years later that the plan administrator never executed the split.

Fix: After the Decree is entered, immediately engage a QDRO specialist or attorney to draft and submit the QDRO to the plan administrator. Note that the employer plan must approve the QDRO before it is effective.

Mistake #5 — Neglecting to Include a Maintenance Waiver

Indiana maintenance is very limited. If no statutory grounds exist, both parties should include an explicit maintenance waiver in the Settlement Agreement. Without it, there may be ambiguity about post-dissolution claims.

Fix: Include: "The parties each waive any and all claims for spousal maintenance, now and in the future."

Mistake #6 — Not Refinancing the Mortgage Promptly

If the Settlement Agreement requires the keeping spouse to refinance by a deadline and that deadline passes, the leaving spouse remains legally liable for the mortgage. This creates ongoing financial exposure.

Fix: Set a realistic refinancing deadline (90–120 days after the Decree) with a clear consequence (forced sale) if not met. Monitor the deadline.

Mistake #7 — Using the Wrong County Court

Filing in the wrong county — one where neither spouse has lived for 3 months — results in the case being dismissed or transferred, adding delay.

Fix: Confirm that at least one spouse has lived in the filing county for 3 months and in Indiana for 6 months.

Mistake #8 — Forgetting to Update Beneficiary Designations

Indiana's dissolution does not automatically remove an ex-spouse as beneficiary on federal ERISA retirement plans. Post-dissolution, the ex-spouse may still be the plan beneficiary.

Fix: Update all retirement plan, IRA, and life insurance beneficiary designations immediately after the Decree is entered.

Mistake #9 — Agreeing to Maintenance That Exceeds Statutory Limits

Parties sometimes include extended maintenance provisions in their Settlement Agreement that exceed Indiana's statutory caps (rehabilitative maintenance is capped at 3 years unless other grounds). Courts may reject provisions that exceed statutory bounds.

Fix: If maintenance is warranted, identify the correct statutory basis and ensure the duration and amount are within statutory limits, or present documented findings.

Mistake #10 — Not Using the Online Child Support Calculator

Indiana's courts provide an online child support calculator. Submitting a Child Support Worksheet with numbers that differ from the calculator result — without documented justification — often leads to rejection.

Fix: Use courts.in.gov/childsupport to generate the worksheet. If agreeing to a deviation, document why in the Settlement Agreement.

Last reviewed: March 2026 | IC 31-15-7-5 (50/50 presumption) | ALL property in marital pot | courts.in.gov/selfservice

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.