Index
- Introduction
- What Is Spousal Maintenance?
- Spousal Maintenance vs. Alimony: Key Differences
- Legal Framework: Indiana’s Spousal Maintenance Laws
- Types of Spousal Maintenance in Indiana
- Preliminary (Temporary) Maintenance
- Rehabilitative Maintenance
- Incapacity Maintenance
- Caregiver Maintenance
- When Is Spousal Maintenance Awarded?
- Factors Indiana Courts Consider
- How to Request Spousal Maintenance
- Calculating Spousal Maintenance: No Formula, Only Factors
- Duration and Modification of Maintenance
- Spousal Maintenance vs. Child Support
- Spousal Maintenance and Property Division
- Tax Implications of Spousal Maintenance
- Spousal Maintenance Agreements and Settlements
- Common Myths and Misconceptions
- Recent Developments and Proposed Changes
- Resources and Support
- Why Legal Representation Matters
- Frequently Asked Questions
- Speak With an Indiana Spousal Maintenance Attorney
- Disclaimer
Introduction
Imagine standing at the crossroads of your life, facing the uncertainty of divorce or legal separation. One question looms larger than most: Will you—or your spouse—be required to provide ongoing financial support? In Indiana, the answer isn’t always straightforward. Spousal maintenance, often called alimony elsewhere, is a complex and highly specific legal remedy. The stakes are high: your financial stability, your ability to rebuild, and your family’s future may all hinge on how the court decides.
This comprehensive guide is designed to be your roadmap. Whether you’re worried about making ends meet or concerned about being ordered to pay, you’ll find clear answers, practical strategies, and the latest legal insights here. Let’s dive in—because the more you know, the more empowered you’ll be.
What Is Spousal Maintenance?
Spousal maintenance is not a guarantee in Indiana. It’s a court-ordered payment from one spouse to another, designed to bridge the gap when one party cannot support themselves after a marriage ends. But unlike in many states, Indiana’s courts don’t award maintenance simply because one spouse earns more or because a marriage lasted a long time. Instead, the law is precise, offering support only in specific, statutorily defined circumstances.
Think of spousal maintenance as a safety net—one that’s available only to those who truly need it, and only for as long as necessary. The law aims to balance compassion with fairness, ensuring that no one is left destitute, but also that no one is unfairly burdened.
Spousal Maintenance vs. Alimony: Key Differences
You may have heard the term “alimony” in movies or from friends in other states. In Indiana, the correct term is “spousal maintenance.” The distinction isn’t just semantic—it reflects a different legal philosophy. While alimony in some states can be awarded to equalize lifestyles or compensate for marital sacrifices, Indiana’s spousal maintenance is much more limited in scope.
This difference means that, in Indiana, you cannot expect maintenance simply because your spouse earns more or because you’ve grown accustomed to a certain standard of living. The law focuses on need, ability, and specific statutory grounds. Understanding this distinction is crucial as you plan your legal strategy.
Legal Framework: Indiana’s Spousal Maintenance Laws
Indiana Code § 31-15-7 governs spousal maintenance. The statute is clear: maintenance is not a default outcome of divorce. Instead, it’s a targeted remedy, available only when certain criteria are met. The law outlines three primary scenarios where maintenance may be awarded:
- Incapacity Maintenance: When a spouse is physically or mentally incapacitated.
- Caregiver Maintenance: When a spouse must care for a child with a disability.
- Rehabilitative Maintenance: When a spouse needs time and support to become self-sufficient.
The court’s discretion is broad, but it is not unlimited. Judges must follow the statute, weighing evidence and considering the unique facts of each case.
Types of Spousal Maintenance in Indiana
Let’s break down the types of maintenance recognized by Indiana law, each with its own purpose and eligibility requirements.
Preliminary (Temporary) Maintenance
Divorce is rarely a quick process. Preliminary maintenance provides financial support while your case is pending, helping you pay bills and maintain stability during a stressful transition. This support is temporary, ending when the divorce is finalized and a permanent order is entered.
Rehabilitative Maintenance
This is Indiana’s answer to the question: “What if I need time to get back on my feet?” If you sacrificed your career or education for the marriage, the court may award rehabilitative maintenance—temporary support to help you gain the skills or credentials needed to become self-sufficient. The law caps this support at three years, emphasizing transition, not long-term dependency.
Incapacity Maintenance
Life can change in an instant. If you or your spouse is physically or mentally incapacitated and unable to earn a living, the court can order maintenance for as long as the incapacity persists. This form of support is designed to ensure that those facing severe challenges aren’t left without resources.
Caregiver Maintenance
When a child’s needs are so significant that one parent must stay home to provide care, the court can award caregiver maintenance. This support continues as long as the caregiving need exists, recognizing the unique demands placed on families with children who have disabilities.
When Is Spousal Maintenance Awarded?
Here’s where Indiana’s law stands apart. Maintenance is not awarded for every divorce. Instead, you must prove that you fit into one of the specific categories outlined by statute:
- You are physically or mentally incapacitated and unable to support yourself.
- You are the primary caregiver for a child whose disability requires you to stay home.
- You need time and support to gain education or training to become self-sufficient.
If you do not meet one of these criteria, the court will not award maintenance—no matter how long you were married or how great the income disparity. This makes the presentation of evidence and legal argument especially critical in Indiana cases.
Factors Indiana Courts Consider
Indiana judges don’t make maintenance decisions lightly. They weigh a variety of factors, including:
- The financial resources of each spouse, including property division and separate assets.
- The standard of living established during the marriage.
- The length of the marriage.
- The age, physical, and emotional health of both spouses.
- The education level and earning capacity of the spouse seeking maintenance.
- The time and expense required for the recipient to acquire education or training.
- The obligations and needs of each party.
Notice what’s missing: marital misconduct. Indiana law does not consider fault—such as adultery or abandonment—when awarding maintenance. The focus is on need, ability, and fairness.
How to Request Spousal Maintenance
If you believe you qualify for maintenance, timing and thoroughness are crucial. Here’s how to proceed:
- Include a clear request for maintenance in your initial divorce or legal separation petition.
- Gather and present supporting evidence—medical records, proof of disability, educational records, and documentation of income and expenses.
- Be prepared for hearings, where you may need to testify and present witnesses or expert opinions.
- Work closely with your attorney to build a compelling case, anticipating challenges and addressing weaknesses head-on.
The court will not award maintenance unless you ask for it and prove your eligibility. Preparation is everything.
Calculating Spousal Maintenance: No Formula, Only Factors
Unlike child support, Indiana provides no set formula for maintenance. The court considers the unique facts of each case, balancing the needs of the recipient with the ability of the payer to provide support. This means:
- The amount and duration of maintenance can vary widely.
- The court may order a fixed monthly payment, a lump sum, or another arrangement tailored to the situation.
- The judge’s discretion is guided by statutory factors and the evidence you present.
This flexibility can be a double-edged sword—offering opportunities for creative solutions, but also requiring careful legal strategy to achieve the best outcome.
Duration and Modification of Maintenance
Duration
- Preliminary maintenance ends when the divorce is finalized.
- Rehabilitative maintenance is capped at three years from the date of the final decree.
- Incapacity and caregiver maintenance may continue indefinitely, but are subject to review and modification.
Modification
Life changes. Indiana law allows either party to request a modification of maintenance if there is a substantial and continuing change in circumstances—such as improved health, new employment, or changes in caregiving needs. The court will review the evidence and decide whether to adjust or terminate the order.
Termination
Maintenance ends if the recipient no longer qualifies—if they recover from disability, the child no longer requires care, or the court-ordered term expires. Always seek a formal court order to modify or terminate maintenance; informal agreements are not legally binding.
Spousal Maintenance vs. Child Support
It’s easy to confuse spousal maintenance with child support, but they serve different purposes:
- Child support is designed to meet the needs of minor children.
- Spousal maintenance supports the spouse, not the children.
The court considers both obligations together, ensuring that the total financial picture is fair and sustainable. In some cases, receiving child support may affect eligibility for maintenance, especially if child support already covers the recipient’s basic needs.
Spousal Maintenance and Property Division
Indiana is an equitable distribution state, meaning marital property is divided fairly, though not always equally. The way property is divided can impact maintenance:
- If you receive a larger share of marital assets, you may not qualify for maintenance.
- Sometimes, parties agree to a lump-sum payment or a greater share of property instead of ongoing maintenance.
Negotiating property division and maintenance together can lead to creative, mutually beneficial solutions.
Tax Implications of Spousal Maintenance
The tax landscape for spousal maintenance changed dramatically in 2018. For divorces finalized after that year:
- Maintenance payments are not tax-deductible for the payer.
- Maintenance is not considered taxable income for the recipient.
Always consult a tax professional to understand how these rules apply to your specific situation and to avoid costly mistakes.
Spousal Maintenance Agreements and Settlements
Not every maintenance case goes to trial. Many couples negotiate their own agreements, which can offer more flexibility than a court order. These agreements may include:
- A longer or shorter duration than the statutory maximum.
- Lump-sum payments instead of monthly support.
- Alternative arrangements, such as debt assumption or property transfers.
The court will generally approve these agreements unless they are unconscionable or were reached through fraud or duress. A well-crafted settlement can provide certainty and peace of mind for both parties.
Common Myths and Misconceptions
Let’s dispel some common myths:
- Only women can receive spousal maintenance.
Reality: Either spouse may qualify if they meet the statutory requirements. - Spousal maintenance is automatic in every divorce.
Reality: Indiana courts only award maintenance in limited, specific situations. - Maintenance lasts forever.
Reality: Most awards are temporary and subject to review or termination. - Maintenance is based solely on income differences.
Reality: The court considers many factors, including incapacity, caregiving needs, and rehabilitation.
Understanding the facts can help you set realistic expectations and plan accordingly.
Recent Developments and Proposed Changes
Indiana’s spousal maintenance laws are the subject of ongoing debate. Critics argue that the law is too restrictive, leaving some spouses—especially those who gave up careers for the family—without adequate support. Legislative proposals have included:
- Extending the three-year cap on rehabilitative maintenance, especially in long-term marriages.
- Allowing courts to consider lifestyle and significant income disparities.
- Modernizing statutory language for clarity and accessibility.
As of now, no major reforms have been enacted, but the landscape may change. Stay informed and consult with an attorney to understand how potential changes could affect your case.
Resources and Support
You don’t have to navigate spousal maintenance alone. Indiana offers a range of resources:
- Indiana Legal Help: Free information, forms, and referrals for family law matters, including self-help tools for divorce, custody, and support matters. Indiana Legal Help
- Lawyer Referral Services: Find a pre-screened attorney through local bar association referral services, including those in Indianapolis, Allen County, Evansville, Lake County, and St. Joseph County. Lawyer Referral Directory
- Indianapolis Bar Association Legal Services Agencies: Access a list of organizations providing free or reduced-fee legal services, including the Indianapolis Legal Aid Society, Neighborhood Christian Legal Clinic, and Indiana Legal Services. IndyBar Legal Help Links
- DivorceCare Support Groups: Weekly divorce recovery support groups are available throughout Indianapolis and surrounding areas, offering emotional and practical support during and after divorce. DivorceCare Indiana Groups
- Civil Legal Services via IN.gov: Learn about free legal assistance for low and middle-income Indiana residents facing civil legal issues, including family law and domestic violence. IN.gov Civil Legal Services
Specialized resources are also available for military families, high-asset divorces, and cases involving domestic violence.
Why Legal Representation Matters
Spousal maintenance cases are complex, high-stakes, and deeply personal. The outcome can affect your financial security for years to come. Here’s why working with an experienced Indiana family law attorney is crucial:
- Indiana’s statutes are precise and limited; failing to meet the legal requirements can result in denial of maintenance, even when there is real need.
- Proving incapacity, the need for rehabilitation, or the demands of caregiving requires thorough documentation and, often, expert testimony.
- An attorney can help negotiate creative settlements that may include maintenance, lump-sum payments, or strategic property division.
- If your case goes to trial, you need a skilled advocate who can present your case persuasively and protect your interests.
- Life circumstances change. An attorney can assist with modifying or enforcing existing maintenance orders as needed.
Ciyou & Associates, P.C. has decades of experience guiding clients through the complexities of Indiana family law, ensuring their rights are protected and their futures are secure.
Frequently Asked Questions
What is the difference between spousal maintenance and alimony in Indiana? Indiana uses the term “spousal maintenance,” which is awarded only in specific circumstances such as incapacity, caregiving for a disabled child, or the need for rehabilitation. Other states may use “alimony” more broadly to address income disparities or lifestyle changes after divorce.
Can I get spousal maintenance if I was a stay-at-home parent?
Only if you meet the statutory requirements, such as needing time for education or job training (rehabilitative maintenance) or if you must care for a disabled child.
How long does spousal maintenance last?
Rehabilitative maintenance is limited to three years. Maintenance for incapacity or caregiving continues as long as the need exists, but can be modified or terminated if circumstances change.
Can maintenance be changed after the divorce?
Yes. If there is a substantial change in circumstances, such as improved health or employment, either party can petition the court for modification.
Is spousal maintenance taxable?
For divorces finalized after 2018, maintenance is not tax-deductible for the payer and is not taxable income for the recipient under federal law.
Can I waive my right to spousal maintenance?
Yes, spouses can agree to waive maintenance in a divorce settlement, but it is important to understand the long-term implications before doing so.
What happens if my ex-spouse refuses to pay court-ordered maintenance?
You can file a motion for contempt with the court. The court has authority to enforce its orders, including wage garnishment or other penalties.
How is maintenance affected if the recipient remarries or cohabitates?
While Indiana law does not automatically terminate maintenance upon remarriage or cohabitation, the paying spouse can petition the court for modification or termination if circumstances have changed.
Speak With an Indiana Spousal Maintenance Attorney
Your future shouldn’t be left to chance. If you are facing divorce or legal separation and have questions about your rights or obligations regarding spousal maintenance, Ciyou & Associates, P.C. is here to help. Our attorneys have deep experience in Indiana family law and are committed to providing clear guidance, strategic advocacy, and compassionate support.
We serve clients throughout Indianapolis and the surrounding communities, including Carmel, Zionsville, Noblesville, Fishers, Westfield, Geist, Greenwood, Greenfield, Brownsburg, Avon, and all across Indiana.
Take the first step toward clarity and peace of mind—call (317) 210-2000 today to schedule your confidential consultation.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and the information provided may not apply to your specific situation. Consult a qualified Indiana family law attorney for advice tailored to your circumstances.
