Alimony in Indiana: How Is It Determined?

Nobody wants to see a marriage break down, but when it does, it’s best to be prepared. An experienced alimony attorney, like those on the team at Tanzillo, Stassin, and Babcok, P.C. in Dyer, IN, can ​help fight for your best interests with their in-depth knowledge of the law.

In the past alimony payments in Indiana were considered on a case-by-case basis, taking into account the length of the marriage, the marital assets, and a number of other factors. However, Indiana no longer has alimony laws, though it will hold as valid a pre-nuptial agreement that requires alimony to be paid in case of a divorce. What it does have, however, is something called spousal maintenance or spousal support.

Spousal maintenance orders require one spouse to provide financial support to the other after a divorce. However, these orders are only granted in limited scenarios and are often subject to duration restrictions.

Spousal Maintenance for Spousal Incapacity

Spousal maintenance may be awarded when a spouse is physically or mentally incapacitated and unable to support themselves. The requesting spouse must provide evidence of their incapacity, such as medical documents or expert testimony.

Indiana courts consider the nature and duration of the incapacitation, as well as the financial impact and level of care required by the incapacitated spouse. Maintenance orders for incapacity may last for the duration of the incapacity, which could be prolonged if the incapacitation is permanent.

Spousal Maintenance for Caregiver Maintenance

Spousal maintenance may be awarded to a spouse who lacks sufficient property to provide for their needs and is the custodian of an incapacitated child requiring full-time care. The spouse must demonstrate that they have to forgo employment to care for the incapacitated child. This sum is considered apart from child support payments that a non-resident parent may make to the custodial parent.

Similar to incapacity cases, courts assess the nature and duration of the child’s incapacitation, as well as the financial impact and care requirements. Maintenance orders for caregiver situations consider the needs of the child and may last until the child’s 18th birthday.

Spousal Maintenance for Rehabilitative Maintenance

Rehabilitative maintenance is awarded to help a spouse obtain education or training to become self-sufficient. The requesting spouse must show that they prioritized homemaking or childcare responsibilities over career advancement during the marriage. Courts consider factors such as the educational background, earning capacity, work history, and time required for education or training.

Rehabilitative maintenance orders typically cannot exceed three years from the date of the final decree, but courts may adjust the duration based on individual circumstances.

In summary, Indiana spousal maintenance orders are granted under specific circumstances related to incapacity, caregiving responsibilities, or the need for education or training. The duration of the maintenance order depends on the nature of the situation, with a focus on providing support until the receiving spouse can become self-sufficient. If you have any questions, get in touch with us today at Tanzillo, Stassin, and Babcok, P.C. in Dyer, IN to arrange a consultation with one of our experienced family law attorneys.

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