Spousal Support/Maintenance

Divorce & Family Matters
Spousal Support/Maintenance

Northeast Indiana Spousal Support/Maintenance Attorneys

Spousal maintenance or support is designed to provide financial aid for a spouse who might need it while going through a divorce and possibly for some time after the divorce or separation. This is also known as alimony in some states and can be a source of conflict in many divorces. In Indiana, however, unless a spouse meets specific conditions, they will not be able to receive spousal maintenance.  

Temporary Spousal Maintenance During a Divorce

Judges may award temporary spousal maintenance to one spouse during an ongoing divorce. Under Indiana law, the maintenance amount must be proper and just. The funds are intended to help the receiving spouse regain financial stability. Judges usually award temporary support when one spouse is financially dependent on the other. 

Spousal Support for Incapacitated Spouses

Judges also commonly award support to spouses who are mentally or physically incapacitated to the point that they can’t financially support themselves. In such cases, the support may last indefinitely or as long as the spouse is incapacitated. Judges may review and modify the support order later if needed. 

Rehabilitative Maintenance

Judges usually award rehabilitative maintenance to provide a spouse some financial assistance until they can support themselves financially. Take note, however, that rehabilitative maintenance will only last for three years maximum, regardless of the spouse’s specific circumstances. When determining whether a spouse deserves rehabilitative support, judges must consider the following factors: 

  • The earning capacity of each spouse, including their training, educational attainment, work experience, and job skills, or the lack thereof
  • The educational background of each spouse when they got married and during the divorce
  • Whether the recipient spouse stopped studying or training or passed on job opportunities to be a homemaker or the main caretaker for the children 
  • The resources and time needed for the recipient spouse to receive enough training or education to secure a job and find suitable employment to support themselves.

Maintenance for Custodial Parents of Incapacitated Children

Judges may likewise award maintenance to custodial parents if they believe it is needed due to the following conditions: 

  • The custodial parent is caring for a child who cannot be left alone because they are mentally or physically incapacitated.
  • The custodial parent doesn’t have enough money and assets to meet their financial requirements.

In such cases, the law does not specify the amount of maintenance payments or how long they must be paid. The judge has the discretion to determine how much money is appropriate and for how long, given the recipient spouse’s specific circumstances.  

Consult With a Top Indiana Divorce Attorney

As with any divorce issue, you and your spouse have the option of negotiating with each other and reaching an agreement about spousal maintenance. With a well-drafted agreement, you won’t need to meet the conditions under which the law permits maintenance awards. If this isn’t possible, it will be up to a judge to decide whether or not spousal maintenance is needed. 

Whether you’re seeking spousal maintenance or need to modify a spousal maintenance order, contact the Indiana divorce attorney at Andrews & Crell, PC, for legal guidance. Call us or reach us online to schedule your appointment with our Indiana divorce attorney today. 

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