Indiana Divorce Guide

Spousal Maintenance/Alimony

Spousal support
A court may grant maintenance (spousal support) if:
  • the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary
  • a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s needs
  • the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate

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Further considerations can include:
  • the educational level of each spouse at the time of marriage and at the time the action is commenced
  • whether an interruption in the education, training, or employment of a spouse who is seeking spousal support occurred during the marriage as a result of homemaking or child care 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 spousal support to find appropriate employment; a court may find that rehabilitative maintenance support for the partner seeking spousal support is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three years from the date of the final decree
Modification or revocation of order for maintenance

Provisions of an order of maintenance may be modified or revoked upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable, or upon a showing that: A. party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and B. the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed. If rehabilitative maintenance is ordered, it cannot exceed 3 years.

[Indiana Code – Title 31 – Article 15 – Chapters: 7]

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