Shelbyville Spousal Maintenance Attorneys

Going through a divorce brings up many questions about your future. One of the biggest concerns people face is their financial well-being after the process is finalized. Shifting from a two-income household to a single-income household can put a strain on your budget. Spousal maintenance often becomes a key factor that courts decide during a divorce.

Understanding your rights and obligations regarding spousal maintenance makes a big difference in your financial stability. The experienced attorneys at McNeelyLaw LLP can help you protect your interests in all spousal maintenance matters. We offer friendly, professional service to reach a fair resolution.

The Basics of Spousal Maintenance in Indiana

When a couple divorces, the court wants to make sure both parties can support themselves. Spousal maintenance is a court-ordered payment from one ex-spouse to another. It helps provide financial support to a spouse who might struggle to meet their basic needs immediately following a divorce.

“Alimony” Versus “Spousal Maintenance”

Many people use the word “alimony” when talking about post-divorce financial support. However, Indiana law does not actually use this term. The legal system replaced it with the term “spousal maintenance.” While the basic concept is similar, Indiana applies strict rules regarding when a judge can order these payments.

Limitations on Court-Ordered Maintenance

Indiana courts are limited in their ability to award spousal maintenance over a paying spouse’s objection. A judge will only order these payments in three specific situations:

• Incapacity maintenance: The court may award this if a spouse is physically or mentally incapacitated and is unable support themselves.
• Caregiver maintenance: A judge might order this if a spouse lacks sufficient property to fulfill their own needs and must forgo employment to care for a physically or mentally incapacitated child.
• Rehabilitative maintenance: This type of support helps a spouse seek the education or training they need to find appropriate employment. By law, rehabilitative maintenance cannot last longer than three years.

Creating an Agreement Between Parties

Even with the strict limitations placed on courts, divorcing couples have the freedom to make their own choices regarding financial support.

Spousal Maintenance in Settlement Agreements

Spouses can agree to maintenance terms in a settlement agreement. Even if their situation does not meet the strict criteria for incapacity, caregiver, or rehabilitative maintenance, the two parties can voluntarily agree to a payment structure. A judge will typically approve this agreement as long as it is fair and entered into willingly by both individuals.

Prenuptial Agreements and Enforceability

Couples can also establish spousal maintenance terms before they ever get married. A prenuptial agreement can outline exactly how much maintenance one spouse will pay the other in the event of a divorce. Courts generally enforce these agreements, provided both parties signed the document voluntarily, and the terms were not unconscionable at the time of execution.

Modifying Spousal Maintenance Orders

Life circumstances change, and an order that made sense at the time of the divorce might not work a few years later. Either party can request a change to the existing order.

Grounds for Modification

To successfully change a spousal maintenance order, the requesting party must prove that a substantial and continuing change in circumstances has occurred. This change must make the current terms unreasonable.

Considerations for Substantial Changes

Courts look at several factors when deciding if a situation warrants a modification. A judge might consider the following changes:

• A significant increase or decrease in either party’s income.
• The onset of a severe medical condition that prevents the paying spouse from working.
• A substantial shift in the cost of medical care for an incapacitated child.
• The receiving spouse successfully completing their education and securing a high-paying job.

Protect Your Financial Future With Experienced Attorneys

Spousal maintenance plays a major role in your financial standing after a divorce. Indiana limits court-ordered maintenance to specific situations involving incapacity, caregiving duties, or rehabilitation. However, spouses can always negotiate their own terms through settlement agreements or prenuptial contracts.

You do not have to handle these legal challenges alone. At McNeelyLaw LLP, our team provides outstanding service and proven legal strategies. We treat every client with dignity and respect while fighting for a fair outcome. Contact McNeelyLaw LLP today to learn how we can protect your interests in your divorce.