Does the Length of Your Marriage Affect Divorce? How Courts Consider Property Division & Spousal Support
Divorce settlements vary based on numerous factors, and the length of your marriage is a key consideration in determining property division and spousal support. Whether you were married for a short time or several decades, Indiana courts take marriage duration into account when dividing assets and awarding alimony.
How Marriage Length Affects Property Division in Indiana
Indiana follows an equitable distribution model when dividing marital property, meaning assets are not necessarily split 50/50. However, the length of your marriage can significantly influence how assets are distributed.
Long-Term Marriages & Asset Division
The longer the marriage, the more likely courts will divide assets equally. Over time, financial resources often become more intertwined, making it harder to distinguish between individual and marital assets.
In cases of long-term marriages, the court may also consider income disparity and each spouse’s financial dependence when dividing property. For example:
✅ Example: If one spouse left a career to raise children while the other earned a high income, the court may grant the stay-at-home spouse a larger share of assets to offset financial disadvantages.
Short-Term Marriages & Asset Division
In shorter marriages, courts are less likely to divide assets equally, especially if one spouse entered the marriage with significant individual wealth. Instead, the court may attempt to restore each spouse to their pre-marital financial position, prioritizing the return of assets each party brought into the marriage.
✅ Example: If you purchased a home before getting married and your spouse contributed little financially, the court may allow you to retain full ownership rather than splitting it equally.
📌 Learn more about marital property laws in Indiana: [Indiana Divorce Property Division Guide]
How Marriage Length Affects Spousal Support (Alimony)
Spousal support—also called spousal maintenance—is awarded based on income disparity, financial dependence, and duration of the marriage.
Long-Term Marriages & Spousal Support
Spouses in long-term marriages (typically 10+ years) are more likely to receive alimony, especially if:
They left the workforce to support the family.
They financially depended on the higher-earning spouse.
They would struggle to maintain the same standard of living after divorce.
✅ Example: If one spouse was a homemaker for 20 years while the other built a lucrative career, courts may award long-term spousal support to ensure financial stability.
Short-Term Marriages & Spousal Support
In short marriages (typically under 5 years), spousal support is less common, unless:
One spouse has a significant disability.
One spouse made major career sacrifices for the marriage.
There is an extreme income disparity.
✅ Example: If a spouse temporarily left the workforce to support the other’s career, the court may grant short-term rehabilitative alimony to help them regain financial independence.
📌 Learn more about spousal support in Indiana: [Spousal Maintenance Laws & Eligibility]
How to Strengthen Your Case for an Equitable Divorce Settlement
If you are seeking spousal support or a fair division of assets, presenting a strategic legal case is crucial. Consider the following:
✅ Gather Financial Records – Provide documentation of income, assets, and financial contributions during the marriage.
✅ Demonstrate Economic Need – If you require spousal support, present evidence of financial dependency or income disparity.
✅ Work with an Attorney – A lawyer can help you negotiate for a fair settlement or present a strong case in court.
📌 Related Resource: Understanding the Best Interests of the Child Standard in Indiana
Consult an Experienced Indiana Divorce Attorney
The length of your marriage directly affects how property, assets, and spousal support are handled in your divorce. Whether you’re concerned about retaining assets, securing alimony, or protecting your financial future, an experienced divorce attorney can help.
📞 Call or text Vining Legal at (317) 759-3225 or Schedule a Consultation today to discuss your case.