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Spousal Support
What is spousal support?
Payments made to an ex spouse for their maintenance and support following dissolution of marriage are considered “alimony” or “spousal support”. The justification for the award of alimony is to provide an ex spouse with assistance in maintaining a lifestyle similar to the one enjoyed before separation. In Indiana the award of spousal support is relatively uncommon. This is especially true where both spouses work. In the majority of instances where spousal support is awarded the support is designed to last for a relatively short period of time in order to allow the receiving spouse to reestablish themselves.
In Indiana, spousal maintenance is governed by statute. This statute provides as follows:
Maintenance will be awarded to a spouse who:
- Is physically or mentally incapacitated to the extent that he or she is unable to support himself or herself.
- Lacks sufficient property to provide support for himself or herself and any incapacitated child and must forgo employment to care for the physically or mentally incapacitated child. Marital fault is not a factor.
In addition, rehabilitative maintenance may be granted to a spouse for up to 3 years, based on the following factors:
- The time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment.
- The educational level of each spouse at the time of the marriage and at the time the action is commenced.
- Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or childcare responsibilities, or both.
- The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence or absence from the job market.
[Annotated Indiana Code; Title 31, Article 15, Chapter 7].
Family Law Articles
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31 Mar 08
Top 10 Things to Do When Preparing for a Custody Dispute
Child custody disputes can be an emotionally draining and time-consuming ordeal for you and your family. Your child(ren) will benefit the most if you and your spouse can amicably work out a custody arrangement. However, in the event that an arrangement may not be settled upon, the best thing to do when facing a potential custody dispute is to plan ahead. The following provide a list of ways to effectively prepare for what may await you:1. A... (Read More)
