Going through a divorce involves many financial considerations, and spousal maintenance is often one of the most confusing. Unlike some states where long-term alimony is common, Indiana follows a different legal framework.
Rather than being a standard expectation, it is only granted in narrow conditions. Understanding when you may qualify for spousal support and how long it can last is crucial for planning your post-divorce financial future.
Eligibility for spousal maintenance
While spousal support is not common in many Indiana divorces, a judge can award it in certain situations. If one spouse is physically or mentally unable to support themselves, the court may order incapacity maintenance.
If a spouse has to stop working to care for a child with a physical or mental disability, the court may order caregiver maintenance. The most common type is rehabilitative maintenance, which helps a spouse get education or training so they can find work after the divorce.
The limit for rehabilitative maintenance
Indiana law has a strict three-year cap on rehabilitative maintenance from the date of the final decree. When state courts order this type of support, their intent is to help the receiving spouse gain self-sufficiency, not to provide a lifetime pension.
You can generally use those three years to obtain education or develop job skills so you transition back to the workforce. However, the court may decide to give you less time for rehabilitative maintenance based on your situation.
Factors the court considers
When deciding on spousal maintenance, Indiana courts look at whether each spouse can support themselves after the divorce. They consider things like each spouse’s education at the time of marriage and divorce and and the earning capacity of both parties.
A judge may also check if there were any interruptions in schooling or employment due to homemaking or childcare during the marriage. These factors can help determine whether spousal support is needed and what amount and duration are appropriate.
Protecting your post-divorce stability
Pursuing spousal maintenance in Indiana requires an understanding of the state’s unique approach to post-divorce support. A lawyer can evaluate your case and help you secure the support you need to gain financial independence during and after your divorce.
