Spousal maintenance, also called spousal support, is a complex topic in Indiana. It is a court-ordered payment from one ex-spouse to another. Yet, Indiana’s approach to spousal maintenance differs significantly from other states.
When can you get spousal maintenance?
Indiana does not use marriage length or standard alimony factors to determine payments. Instead, courts focus on specific circumstances. These include:
- Mental or physical incapacity: if one spouse cannot work due to health issues, they must prove this with medical evidence. The court may then order maintenance.
- Caring for an incapacitated child: a custodial parent of a mentally or physically incapacitated child may qualify. They must show that their property and income are insufficient for their needs and the child’s care.
These cases rely heavily on evidence presented in court. Consulting with an experienced attorney can help you gather and present the necessary proof to support your claim.
What is rehabilitative maintenance?
Indiana offers limited spousal support to help a spouse rebuild their financial independence. Rehabilitative maintenance applies when a spouse paused their education or career to manage homemaking or childcare.
The court will consider:
- The spouse’s education level now and at the time of marriage.
- The spouse’s earning potential and job market absence.
- How much time the spouse needs to gain skills or education for employment.
This support lasts a maximum of three years. Courts may reduce the term if they believe the spouse can re-enter the workforce sooner.
Can spousal maintenance be changed?
Either party can request changes to a spousal maintenance order. To do so, they must show:
- A major change in circumstances that makes the order unfair.
- A child support adjustment from over a year ago that is significantly different from current guidelines.
Indiana’s spousal maintenance laws are strict, making it essential to understand your rights and options. If you are facing divorce or legal separation, consult an experienced attorney to guide you through the process.