A long marriage does not divide itself in half.

The same Indiana statutes apply at 62 as at 32. What tends to change is what is at stake: a longer marriage, a larger and more complicated marital estate, fewer working years remaining to recover from an unfavorable settlement, and health coverage that may be tied to a spouse's employment.

Generally, no. Indiana recognizes irretrievable breakdown of the marriage as a ground for dissolution, and most cases proceed on that ground without proof of fault. Conduct may still be relevant in limited respects, because the conduct of the parties as related to the disposition or dissipation of their property is one of the factors a party may raise on property division.

Possibly, though not in the open-ended form many people expect. Indiana does not provide for permanent alimony as a general matter. A court may order maintenance in a dissolution decree only after making one of the findings the statute permits.

Those findings are that a spouse is physically or mentally incapacitated to the extent that the ability of that spouse to support himself or herself is materially affected; that a spouse lacks sufficient property, including marital property apportioned to that spouse, to provide for that spouse's needs and is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; or, after the court considers the education of each spouse, any interruption in education, training, or employment caused by homemaking or child care, the earning capacity of each spouse, and the time and expense of acquiring sufficient training, that rehabilitative maintenance is appropriate for a period that may not exceed three years from the date of the final decree.

Whether any of that applies turns on the facts of the particular case. A maintenance order may later be modified or revoked on a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. Because maintenance is limited in these ways, the division of property often carries most of the weight in a long marriage.

An equal division is the starting point rather than the guaranteed result. A court presumes that an equal division of the marital property is just and reasonable. A party may rebut that presumption by presenting relevant evidence that an equal division would not be just and reasonable, including evidence about each spouse's contribution to acquiring the property, the extent to which property was acquired before the marriage or through inheritance or gift, the economic circumstances of each spouse when the disposition takes effect, the conduct of the parties as related to the disposition or dissipation of property, and the earnings or earning ability of the parties.

Indiana also uses a single pot. Property owned by either spouse before the marriage, and property acquired by either spouse in his or her own right during the marriage, may be included in the marital estate rather than excluded from it automatically. A court is also directed to consider the tax consequences of the property disposition.

Retirement benefits may be part of the marital estate subject to division. Dividing them often requires a separate order drafted to satisfy the plan, and the plan administrator reviews that order before any funds move. Indiana also permits a court to order the distribution of benefits payable after the dissolution by setting aside to either party a percentage of those payments. Details carry real weight here, including survivor benefits, whether the division is stated as a flat dollar amount or a percentage, and who bears market losses between the decree and the transfer.

Sometimes, and the better question is whether keeping it serves you. Consider whether you can refinance in your own name, what the mortgage, taxes, insurance, and upkeep cost each month against your own income, and what you conceded elsewhere in the settlement to retain it. A court divides property in a just and reasonable manner, which may include setting the property over to one spouse and requiring a payment to the other, or ordering a sale and dividing the proceeds.

Partly, and the gap catches people. Under Indiana law, if a will is made and the testator's marriage is later dissolved or annulled, all provisions in that will in favor of the former spouse are revoked as of the time of the dissolution or annulment. Those provisions are reinstated if the testator remarries the former spouse.

Beneficiary designations on retirement accounts, life insurance, and payable on death accounts are governed separately and may survive the dissolution unchanged, so an outdated designation can still direct an account to a former spouse. Reviewing the estate plan and every beneficiary form after a dissolution is worth the time.

Speak with an attorney first. Moving significant sums, transferring property, or changing designations shortly before or during a dissolution may support a claim of dissipation, because the conduct of the parties as related to the disposition or dissipation of their property is a factor a court may weigh. It can also affect your credibility with the court. Preserving statements and records is the safer course.

A 30 minute consultation is $175 and a full hour is $275. Bring what you have: recent retirement and bank statements, the mortgage balance, an idea of the debts, and recent income figures for both spouses. Do not put off the appointment because a document is missing.