Spousal Maintenance in Indiana: What You Need to Know

Unlike many other states, Indiana places significant limitations on when a court may award spousal maintenance. Here is what Indiana law allows.

When a couple divorces, one spouse may seek financial support from the other to help with living expenses during or after the transition. In many states, this type of support, is called alimony. In Indiana, such support is referred to as spousal support. Spousal maintenance is available only in limited circumstances, and understanding those limitations is important for anyone going through a divorce.

Indiana law authorizes a court to award spousal maintenance in three specific situations. First, the court may award maintenance to a spouse who is physically or mentally incapacitated to the extent that the incapacity prevents the spouse from supporting himself or herself. This type of maintenance has no fixed time limit and may continue for as long as the incapacity persists. Second, the court may award maintenance to a spouse who is the primary caregiver of a child whose physical or mental incapacity requires the custodial parent to forgo employment in order to care for the child. Like incapacity-based maintenance, this type of support may continue for as long as the caregiving obligation exists. Third, the court may award what is known as rehabilitative maintenance. This type of maintenance is designed to provide temporary financial support to a spouse who lacks sufficient property or income to support himself or herself and who needs time to acquire the education, training, or employment experience necessary to become self-supporting. Rehabilitative maintenance in Indiana is limited to a maximum of three years from the date of the final divorce decree.

It is important to note that Indiana courts do not have broad discretion to award maintenance simply because there is a disparity in income between the spouses. A spouse who earns significantly less than the other spouse is not automatically entitled to maintenance. The requesting spouse must demonstrate that one of the three statutory circumstances applies.

During the divorce process, either party may request temporary maintenance while the case is pending. Temporary maintenance is separate from a final maintenance award and is intended to help the parties maintain the marital estate during the pendency of the divorce.

If you have questions about whether you may be entitled to spousal maintenance or whether you may be required to pay it, the family law attorneys at McNeelyLaw can evaluate your circumstances and provide guidance. Contact us today to discuss your case.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.