Spousal support, often referred to as maintenance, can help ensure financial fairness after a divorce. In Indiana, the length of a marriage may play a role in determining whether spousal support is awarded, and for how long.
Indiana spousal support guidelines
Indiana courts do not automatically grant spousal support. Instead, they evaluate each case based on specific circumstances. The court considers factors like the financial needs of both spouses, their earning capacities, their health, and in some cases, potential issues with children of the marriage. The length of the marriage may also impact a decision regarding spousal maintenance.
Short-term marriages and spousal maintenance
In short-term marriages, courts may be less likely to award spousal maintenance unless there are extenuating circumstances. These circumstances could include one spouse having a serious disability, requiring ongoing medical care, the parties sharing a disabled child, or one party’s lack of marketable skills to gain employment.
Long-term marriages and spousal support
In long-term marriages, the likelihood of spousal support may increase. Courts may consider one spouse’s dependence on the other during the marriage, especially if one partner stayed home to care for children or sacrificed their career for the benefit of the family. The longer the marriage, the more substantial the financial ties may be between the spouses, which can lead to extended or even indefinite spousal support.
Rehabilitation-focused support
Courts in Indiana have the ability to award spousal support that helps a dependent spouse regain financial independence. This type of support, called rehabilitative maintenance, lasts up to three years.
Understanding how the length of marriage impacts spousal support, also called spousal maintenance, is crucial for navigating divorce proceedings. Indiana courts aim to balance fairness while encouraging both spouses to achieve financial independence over time.