When it comes to divorce proceedings in Indiana, many people wonder about alimony. In Indiana, what is commonly referred to as “alimony” is officially called “spousal maintenance.” There are misconceptions about what parties can get out of a divorce, so it is important to speak with an experienced attorney. Every divorce case is unique, and the outcome regarding spousal maintenance will depend on your individual circumstances and the discretion of the court. This blog will discuss how spousal maintenance works in the Hoosier State.
Indiana has a form of alimony, but it is not as common or automatic as some might think. Spousal maintenance in Indiana is not a guarantee in every divorce case. Instead, it is awarded only under specific circumstances and is generally meant to be rehabilitative rather than permanent. Indiana law recognizes three types of spousal maintenance: (1) temporary maintenance; (2) rehabilitative maintenance; and (3) incapacitated spouse maintenance. Temporary maintenance is awarded during the divorce proceedings and ends when the divorce is finalized. Temporary maintenance is designed to maintain the status quo until the divorce is complete. Rehabilitative maintenance is the most common form of maintenance in Indiana. It is typically limited to three years and aimed at helping a spouse become self-supporting. Rehabilitative maintenance can be used for education, training, or job search expenses. Lastly, incapacitated spouse maintenance is awarded when a spouse is physically or mentally incapacitated. Incapacitated spouse maintenance can be long-term or permanent and must be directly related to the incapacity and its impact on self-sufficiency.
When determining whether to award spousal maintenance, Indiana courts consider several factors. The courts consider the financial resources of the spouse seeking maintenance and the time and expense necessary for the seeking spouse to acquire sufficient education or training. The courts will also consider the standard of living established during the marriage and the duration of the marriage. Additionally, the ability of the spouse from whom maintenance is sought to meet their own needs while also meeting those of the spouse seeking maintenance. It is important to note that marital misconduct or fault is not a factor in awarding spousal maintenance in Indiana.
Unlike most states, Indiana does not have a set formula for calculating the amount or duration of spousal maintenance. These decisions are left to the discretion of the court based on the specific circumstances of each case. For instance, rehabilitative maintenance is typically limited to three years reflecting its purpose of helping a spouse become self-sufficient rather than providing indefinite support. Once ordered, spousal maintenance can be modified if there is a substantial and continuing change in circumstances. However, if the original divorce decree specifically states that the maintenance cannot be modified, then it generally cannot be changed. Maintenance usually terminates upon the date set in the court order, the death of either party or the remarriage of the recipient spouse.
In Indiana, couples have the option to negotiate their own maintenance agreements. These can be more flexible than court-ordered maintenance and can be tailored to the specific needs and circumstances of the couple. While Indiana does have provisions for spousal maintenance, it is not as common or automatic as in some other states. The focus is primarily on rehabilitative support to help a spouse become self-sufficient, rather than long-term financial support. If you are facing a divorce in Indiana and have questions about spousal maintenance, it is crucial to consult with an experienced family law attorney. They can help you understand how Indiana’s spousal maintenance laws might apply to your specific situation and advocate for your interests in negotiations or court proceedings. The attorneys at Ciyou & Associates, P.C, have ample experience with spousal maintenance proceedings throughout the state of Indiana. We are here to help you with your divorce proceedings. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
