Gray Divorce Financial Specialist
Pensions, retirement accounts, real estate — Indiana's equitable distribution requires expertise. This guide shows you exactly what you're entitled to.
Leanne Ozaine, CDFA® & CFP® | Specializing in gray divorce for 50+
Turn Panic Into Power — $97After 20, 25, 30+ years together, everything is intertwined. The pension he earned while you raised the kids. The house you've lived in for decades. The retirement accounts you assumed would support you both.
And now you're supposed to divide it all — fairly — while you can barely think straight.
Your attorney handles the legal side. But who's protecting the financial side? Who's making sure you don't walk away from 30 years with nothing to show for it?
That's where this guide comes in. It won't give you legal advice. It will give you something just as valuable: financial clarity when you need it most.
The 5-step system that shows you what you'll actually live on, so you stop guessing and start knowing.
Calculate your real post-divorce income — including spousal support, assets, and earning potential — so you negotiate from facts, not fear.
Document gathering checklists tell you exactly what to bring to your attorney — so you walk in prepared, not panicked.
Map out your real expenses as a single person — before you fight for something you can't actually maintain.
The asset identification system helps you find accounts and property you might not even know exist.
22-page guide + video tutorials + checklists + templates
$97
Instant access. 100% money-back guarantee.
Get the Clarity You Need — $97If you're over 50 and facing divorce in Indiana, you're likely dealing with something most people don't talk about: the complete shift in your financial future when child-related issues are no longer the focus. Your children may be grown and financially independent, which means your entire divorce becomes about protecting and dividing decades of accumulated wealth.
This is especially overwhelming if you've never personally managed the household finances—and you're certainly not alone. Many of our Indiana clients are navigating complex financial decisions for the first time during divorce, often involving manufacturing pensions from companies like Cummins or Raytheon, Eli Lilly pharmaceutical benefits, healthcare industry retirement plans, or retirement savings built over 30+ year careers.
Why Indiana is critically different: Indiana has a unique 50/50 presumption that sets it apart from every other equitable distribution state. Courts START with the assumption that all marital property—and even some separate property—will be divided equally. This is NOT California's community property system, but it's closer to 50/50 than most equitable distribution states. Plus, Indiana courts can divide ALL property (including property you brought into the marriage), which is highly unusual.
The fear-to-strength progression: Right now, you might be feeling panic about losing half of everything you've worked for—including assets you owned before marriage. That's normal. But here's what we do together: we turn that panic into power by understanding exactly what Indiana's 50/50 presumption means for YOUR situation, identifying when courts might deviate from equal division, and building a post-divorce financial plan that gives you confidence and security.
Here's what that really means for your situation: Indiana courts use equitable distribution (like Ohio, Pennsylvania, and most states), but Indiana has codified a presumption that marital property should be divided equally 50/50. This makes Indiana functionally closer to community property states like California, even though it's technically equitable distribution.
The Indiana 50/50 presumption:
What counts as marital property in Indiana:
What counts as separate property in Indiana:
BUT HERE'S THE CRITICAL DIFFERENCE: Unlike most states, Indiana courts CAN divide separate property if they determine it's just and reasonable. This means your inheritance or pre-marital assets might not be fully protected.
This could cost you tens or hundreds of thousands of dollars if you're not prepared.
Indiana law allows courts to divide ALL property of the parties, whether acquired before or during the marriage. While there's a presumption that marital property is divided equally and separate property stays separate, courts have the authority to reach separate property if circumstances warrant.
When Indiana courts might divide your separate property:
Critical protection strategy:
Real example: Let's say you inherited $200,000 from your parents 10 years into your marriage. You deposited it into a joint account and used it for family expenses over 15 years. At divorce, your spouse may have a claim to some or all of that inheritance because it became commingled. If you had kept it in a separate account in your name only, it would be much better protected.
While Indiana starts with a 50/50 presumption, courts can deviate based on these statutory factors:
For gray divorce: Courts particularly consider health, age, and earning ability. If you're 65 and your spouse is 60 with a thriving career, these factors may support unequal division in your favor. However, you must present clear evidence—courts don't deviate from 50/50 lightly.
Eli Lilly and Company, headquartered in Indianapolis, is one of the world's largest pharmaceutical companies and a major employer in Indiana. Gray divorce cases involving Eli Lilly employees present unique complexity around benefits and compensation.
Eli Lilly divorce considerations:
Retiree healthcare is CRITICAL: If you or your spouse worked at Eli Lilly long enough to qualify for retiree health benefits, this can be worth $500,000+ in lifetime value. Divorce negotiations must address who gets access to these benefits and whether to "buy out" the non-employee spouse's interest.
Indiana has deep manufacturing roots with companies like Cummins (diesel engines), Raytheon (defense), Rolls-Royce (aerospace), Subaru (automotive), and countless auto parts suppliers. These jobs often come with traditional pensions.
Key pension division issues:
For those new to finances: A pension is a promise to pay you monthly income in retirement. Unlike a 401(k) you can see and control, pensions are "invisible assets" managed by the employer. Dividing this invisible wealth fairly requires specialized financial expertise.
For gray divorce, retirement accounts may be your largest asset—and Indiana's 50/50 presumption means you're likely dividing them equally (with adjustments for separate property).
Critical considerations:
Indiana-specific consideration: Because Indiana presumes 50/50 division, you need strong evidence if you want to keep a larger share of retirement accounts. Age, health, and earning capacity are key factors courts consider.
If you've been married 10+ years, you may be entitled to Social Security benefits based on your ex-spouse's earnings record—even if you never worked outside the home or earned significantly less. This is federal law, not Indiana law.
Key benefits:
Critical timing: When you start Social Security significantly impacts your lifetime income. This is an essential part of your post-divorce financial plan.
Whether you're in Carmel, Fishers, Zionsville, or anywhere across Indiana, your home equity is likely a major asset subject to Indiana's 50/50 presumption.
Key decisions:
Tax implications: The capital gains exclusion ($250K single, $500K married) affects whether you sell before or after divorce. Timing matters.
For gray divorce: Can you afford the house on one income? Property taxes in Indiana are relatively low (capped at 1% for residential), but maintenance, utilities, and upkeep don't decrease. Ensure keeping the house doesn't jeopardize your retirement security.
Indiana has significant healthcare employment through Indiana University Health, Community Health Network, Ascension St. Vincent, and other systems. Healthcare jobs often include complex benefits packages.
Healthcare industry divorce considerations:
Indiana's approach to spousal support (called "maintenance" in Indiana) is notably limited compared to many states. Indiana has three specific types of maintenance—and that's it.
Types of Indiana maintenance:
1. Incapacity Maintenance:
2. Caretaker Maintenance:
3. Rehabilitative Maintenance:
What Indiana does NOT have:
For gray divorce, this is CRITICAL: If you're 58 years old, haven't worked in 25 years, and are getting divorced, Indiana courts generally will NOT award you long-term spousal support to maintain your lifestyle. Instead, the court will likely divide property (including retirement accounts) to provide for your financial security. This is why property division becomes absolutely critical in Indiana gray divorce cases.
Since Indiana doesn't provide long-term maintenance, your property settlement must do the heavy lifting.
Strategic considerations for gray divorce:
For those new to finances: Since you can't count on monthly spousal support checks for life, you need to structure your property settlement to create your own income stream. This is where expert financial planning makes an enormous difference.
The Indianapolis metro area—particularly the northern suburbs of Carmel, Fishers, Zionsville, and Westfield—represents significant concentrated wealth tied to pharmaceuticals, healthcare, manufacturing, and finance.
Common gray divorce issues:
Carmel specifically: Consistently ranked as one of America's best places to live, Carmel has become extraordinarily affluent. Real estate appreciation in neighborhoods like West Carmel, Crooked Stick, and the Arts & Design District has created significant home equity that becomes subject to Indiana's 50/50 presumption.
Looking for information specific to your area? Explore our metro-specific page:
Indiana has one of the nation's lowest state income tax rates—a flat 3.15% on all taxable income. This simplifies tax planning but still matters for your post-divorce financial picture.
Key tax considerations:
For gray divorce: Indiana's low tax rate is advantageous, but tax planning still matters. Understanding which assets are pre-tax (traditional 401k/IRA) vs. post-tax (Roth accounts, taxable investments) affects the true value of your settlement under the 50/50 presumption.
Indiana courts consider economic misconduct when applying the 50/50 presumption. If your spouse has been hiding assets, gambling away marital funds, or making large unexplained transfers, Indiana law allows courts to adjust property division to account for this "dissipation."
Common forms of economic misconduct:
How Indiana addresses dissipation: Courts can "add back" dissipated assets to the marital estate and award the wronged spouse a larger share to compensate. This is one way to deviate from the 50/50 presumption.
How to protect yourself: Document everything. Bank statements, credit card statements, tax returns, and financial records become critical evidence. As a financial professional, I can help you identify red flags and work with your attorney to build a strong case for unequal division based on dissipation.
You don't have to navigate Indiana divorce finances alone. Get the financial clarity you need — before you sign anything.
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