This is about alimony after divorce in Indiana, including when courts order alimony, how the amount of alimony is set in Indiana, and how and when Indiana courts stop alimony once it’s awarded.
This information is from Lisa Garcia Reger, the DivorceInfo Network Lawyer for Indiana. Click here to visit her firm’s web site.
- When does alimony get paid?
- How does the court decide how much?
- What does it take to change alimony?
- When does alimony stop?
When does alimony get paid?
There is no alimony in the State of Indiana. The Court may order spousal maintenance in a final dissolution decree if the appropriate conditions are met. First of all, if a court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support herself is materially affected, the Court may find that maintenance for the spouse is necessary during the period of incapacity subject to further order of the Court. Also, if the court finds that a spouse lacks sufficient property, including marital property apportioned to the spouse to provide for the spouse’s needs and the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forego employment, the Court may find that maintenance is necessary for the spouse in an amount for a period of time that the court considers appropriate. The court must consider 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 in or absence from the job market and the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment. After making these considerations a court may find that rehabilitative maintenance for the spouse is necessary in an amount and for a period of time that the Court considers appropriate, but such rehabilitative maintenance cannot exceed three years from the date of the final decree.
How does the court decide how much?
There are no guidelines which determine the amount of maintenance which should be paid in any given circumstance. The Court must use its discretion in making a maintenance award.
What does it take to change alimony?
Remember, it’s called spousal maintenance in Indiana. The payor may make a petition to revoke or modify maintenance upon a showing of change of circumstances so substantial and continuing as to make the terms of the current maintenance order unreasonable.
When does alimony stop?
If the Court orders rehabilitative maintenance for a spouse seeking to educate herself and find appropriate employment, such maintenance cannot exceed 3 years from the date of the decree. If the Court is to order maintenance for a physically or mentally incapacitated spouse or a spouse lacking sufficient property and caring for a child whose physical and mental incapacity requires the custodian to forego employment, the maintenance order may continue subject to further order of the Court.
Other issues in Indiana: