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