Divorce requires the separation of spouses’ personal lives, finances and parental responsibilities, if they have children together. Discrepancies in financial circumstances can complicate the divorce process.
In some cases, simply dividing property isn’t enough to produce a fair outcome. One of the spouses may not be able to live on their own, given their income and resources. The courts may also order spousal maintenance.
Some people call spousal maintenance alimony or spousal support. In Indiana, spousal maintenance is available to lower-earning and dependent spouses in certain circumstances. The higher-earning spouse may provide monthly maintenance to the lower-earning or non-working spouse even after the divorce. How long does maintenance typically last?
Each order is unique
Typically, spousal maintenance lasts a set amount of time. Obligations persist until the end of the order. However, there are a few scenarios in which the courts may terminate spousal maintenance before the order technically ends.
Spousal maintenance obligations end after the recipient spouse dies. Additionally, if they remarry, that could provide grounds for a modification request. The paying spouse can petition the courts to reduce or eliminate maintenance obligations when a financially dependent spouse remarries after a divorce.
Occasionally, drastic changes in the circumstances of either spouse, including job loss that affects the paying spouse or good fortune that benefits the recipient spouse, could lead to maintenance modifications. The courts can review the circumstances to determine if the existing maintenance order is still appropriate.
A person paying support can sometimes ask the courts to end or reduce their obligations due to significant changes in their circumstances. Similarly, a spouse receiving support may potentially request an increase, if fraud during the property division process has been uncovered, for example. Learning more about the law can help people as they respond to spousal maintenance requests or pursue a modification when necessary.