Indiana law recognizes spousal maintenance (alimony) when one spouse requires financial support following divorce. Understanding the types and requirements of maintenance orders helps ensure fair outcomes for both parties.
Indiana courts may award three distinct types of spousal maintenance. Temporary maintenance provides support during divorce proceedings. Rehabilitative maintenance helps a spouse gain education or training for self-sufficiency, typically lasting up to three years. Incapacity maintenance supports spouses who cannot support themselves due to physical or mental conditions.
Unlike many states, Indiana maintains strict criteria for maintenance eligibility. Courts consider factors including the spouse's physical or mental incapacity, ability to support themselves, and time needed for education or training. The length of marriage and the standard of living established during marriage also influence maintenance decisions.
Indiana law doesn't provide a standard formula for calculating maintenance. Instead, courts evaluate factors including each spouse's earning capacity, property division, educational background, and length of marriage. The court also considers the time necessary for the receiving spouse to acquire sufficient education or training for appropriate employment.
Maintenance orders may be modified if circumstances change substantially. However, parties can agree to non-modifiable maintenance terms in their settlement. Duration varies based on maintenance type—rehabilitative maintenance typically lasts up to three years, while incapacity maintenance may continue indefinitely if conditions persist.
Recent tax law changes have significantly impacted how maintenance payments are treated. Payments are no longer tax-deductible for the paying spouse or taxable income for the receiving spouse.
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Courts consider physical or mental incapacity, ability for self-support, education/training needs, and marriage length. Unlike other states, Indiana requires meeting specific statutory criteria for maintenance awards.
Yes, unless parties agree to non-modifiable terms. Modifications require proving a substantial change in circumstances, such as job loss, disability, or significant income changes.
Duration varies by type. Rehabilitative maintenance usually lasts up to three years, while incapacity maintenance may continue indefinitely. Temporary maintenance ends when the divorce is finalized.
Remarriage typically terminates rehabilitative maintenance unless otherwise specified in the divorce decree. Incapacity maintenance may continue if the recipient's condition persists regardless of remarriage.
Click here or call (317) 342-3281 to consult with an experienced Indiana family law attorney.
Based in Indianapolis and founded in 2022, Ciyou & Associatews, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Associates will guide you every step of the way. The family law attorneys at Ciyou & Associates, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm’s other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counsel.
Indianapolis Divorce Attorneys, Ciyou & Associates, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.
