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].
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Family Law Articles
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23 Apr 08
CHINS - In the Matter of A.G. and M.G., M.G. v. Hamilton County Dept. of Child Services
CHINSTrial Court May Lose Jurisdiction over CHINS Proceeding if Fails to Conduct Fact-Finding Hearing within Statutorily-Prescribed Time Limit for no Legitimate ReasonIn the Matter of A.G. and M.G., M.G. v. Hamilton County Dept. of Child Services, Appellate Panel: Judges Bradford, Barnes, and Crone. Appeal from the Hamilton County Circuit Court, Judith S. Proffitt, Judge. Hamilton County Department of Child Services ("HCDCS") filed petitions on ... (Read More)
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15 Apr 08
Hamilton County Department of Child Services - In the Matter of A.G. and M.G., M.G. v. Hamilton County Dept. of Child Services
Hamilton County Department of Child Services Trial Court May Lose Jurisdiction over CHINS Proceeding if Fails to Conduct Fact-Finding Hearing within Statutorily-Prescribed Time Limit for no Legitimate Reason In the Matter of A.G. and M.G., M.G. v. Hamilton County Dept. of Child Services, Appellate Panel: Judges Bradford, Barnes, and Crone. Appeal from the Hamilton County Circuit Court, Judith S. Proffitt, Judge. Hamilton County Departmen... (Read More)
