Effectively Resolving The Question Of Spousal Maintenance In Indiana

While there is no alimony in Indiana, state law does allow for spousal maintenance in certain limited situations, and for a possibly limited duration.

If spousal maintenance is likely to be a part of your divorce, it is crucial that you work with an attorney who can help you navigate the process of seeking spousal maintenance, including the level and duration of any maintenance awarded.

Generally, spousal maintenance is designed to provide financial stability to a spouse who may be unemployable. The spouse may not have the means to support themselves financially, and the court may decide to have the former spouse provide financial assistance to the other spouse.

Whether You Pay Or Receive Spousal Maintenance, You Deserve The Best Outcome

Fairly setting spousal maintenance is an issue of great importance to both the paying and the receiving spouse. Working with an attorney who understands how the court makes determinations on spousal maintenance is the best way to ensure you don’t end up shortchanged – or overburdened.

For a spouse seeking spousal maintenance, the reality may be that he or she has devoted his or her time to supporting the growth of the other spouse’s career and now has less employability than they would have, had they spent the course of the marriage growing their own career. There may also be other reasons that an award of spousal maintenance is appropriate.

For a spouse seeking to avoid or minimize the payment of spousal maintenance, the question of what is appropriate can have a tremendous impact on the quality of their life after the divorce.

We Know The Law Regarding Spousal Maintenance

Whether we are working to secure or oppose spousal maintenance, our decades of knowledge on how the law and the courts approach these issues allows us to advise clients in such a way that they can move forward with their lives.

What People Ask Us About Spousal Maintenance In Indiana

Indiana’s approach to spousal maintenance is different from what most people expect, and it is not always straightforward. The law limits when and how it applies, which means the outcome of your case could look very different from someone else’s. We put together answers to the questions our clients ask us most so you can have an idea of what to expect.

How strictly does Indiana law limit who qualifies for post-divorce spousal maintenance?

Indiana sets a fairly high bar for spousal maintenance, and the law only grants it in specific circumstances. A judge may grant spousal maintenance if your case involves any of the following:

• A spouse has a diagnosed physical or mental health disorder
• A spouse set aside their career to be the primary caregiver of a child with a disability
• A spouse needs time to become financially independent after a long marriage

If your situation does not fall within these categories, a court is unlikely to award spousal maintenance.

What is “rehabilitative maintenance,” and how long can it be awarded to help a spouse re-enter the workforce?

Rehabilitative maintenance is a type of financial assistance awarded to the spouse who needs time and financial support to become self-sufficient after a divorce. This typically applies when a spouse stepped away from their career or education during the marriage and now needs to rebuild those opportunities. In Indiana, rehabilitative maintenance can last for up to three years from the date the divorce is finalized.

Can spousal maintenance be awarded if one spouse is caring for a child with physical or mental incapacities?

Yes. If a child’s physical or mental condition prevents a spouse from holding a job, the court may order maintenance payments for as long as that need continues. Before awarding this support, the court will look into the severity of the child’s condition and how much it realistically limits the caregiver spouse’s ability to work.

How does temporary spousal support (pendente lite) work while the divorce case is still pending?

Temporary spousal support is meant to keep both spouses financially stable during what can be a lengthy legal process. It ensures that the lower-earning spouse is not left without resources while the case works its way through court. Once the divorce is finalized, the pendente lite order ends and any long-term spousal maintenance arrangement, if awarded, takes its place.

Under what circumstances can an existing spousal maintenance order be modified or terminated in Indiana?

Indiana law allows either spouse to request a modification if there has been a substantial change in circumstances. This could be a significant shift in either spouse’s income or the receiving spouse finding stable employment. If the benefitting spouse remarries, Indiana law requires that spousal maintenance end automatically.

Protecting Your Rights Is Our Top Priority

For the highly effective family law representation you need to ensure that spousal maintenance is addressed appropriately in your case, turn to Ruppert & Schaefer, P.C. Call 317-660-8150 or contact us online to schedule an appointment.