Monday, September 8, 2008

Indiana Spousal Support 101

Indiana has no alimony law. The Court has discretion to award maintenance to a spouse, however. There are numerous factors the Court will consider in awarding spousal maintenance. If the spouse is physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the Court may find maintenance necessary during the period of incapacitation. Additionally, if the Court finds that a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s needs, and the spouse is the custodian of a child whose physical or mental impairment requires the spouse to forego employment, likewise, the Court has discretion to order maintenance.

The Court may also order rehabilitative maintenance to a spouse to allow that spouse time to get back on his or her feet. In determining whether to award rehabilitative maintenance, the Court must consider the educational level of each spouse at the time of the marriage and at the time the divorce action is commenced, whether interruption in the education, training, or employment of a spouse seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, the earning capacity of each spouse, and the time and expense necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment. Any rehabilitative maintenance ordered by the Court cannot exceed three years in length.

You might also want to read my Alimony FAQ. If you need an Indiana lawyer for your divorce case, give me a call.

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