Divorce can be a time of financial uncertainty, even if you and your spouse both work. Indiana courts presume that spouses can support themselves. In certain cases, though, a court may decide that a spouse may get payments from the other partner after divorce. This is called spousal maintenance or support.
Typically in Indiana, a spouse will only receive spousal support under very specific circumstances. Courts will not entitle you to spousal maintenance if there is no need for it. Many other states consider marriage length an important factor in deciding spousal support. But in Indiana, it is rarely a deciding factor.
According to Indiana law, spouses are only entitled to maintenance under specific circumstances.
Rehabilitative or temporary maintenance
Indiana courts can only order rehabilitative maintenance under specific circumstances. Your education or training may have been interrupted by your marriage or childcare responsibilities. If you specifically needed your training or education to attain proper employment, a judge may choose to grant short-term spousal maintenance.
Courts award rehabilitative maintenance for up to three years after you finalize the divorce. The maintenance amount helps you during a time where you need to acquire training, employment or education to support yourself.
On the other hand, courts award temporary maintenance during divorce proceedings. Temporary maintenance helps cover basic expenses. You need the payments to maintain the status quo and prevent poverty until the court issues a final divorce decree.
Spousal Incapacity
If either you or your spouse becomes physically or mentally incapacitated, the court may award maintenance. Indiana requires medical evidence and will consider many factors when awarding maintenance.
Unlike rehabilitative maintenance, which has an upper limit of three years, permanent incapacity can result in permanent maintenance.
Care for an incapacitated child
Will you become the primary caregiver of your child? If your child is mentally or physically incapacitated, courts may award you spousal support. You must prove that your property and income is not enough to maintain you and your child’s needs.
The length or even existence of incapacity payments depends on the evidence. Judges determine the length of support based on recovery. Duration of spousal support depends on what the court thinks is appropriate based on circumstances. Your legal strategy can affect your chances of receiving spousal maintenance.