What qualifies for spousal maintenance in Indiana?

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 forgo employment, the court may find that maintenance is necessary …

Does Indiana grant alimony?

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited. For the first time, courts were expressly authorized to award spousal maintenance.

How does spousal maintenance work in Indiana?

Alimony—or spousal maintenance as it’s called in Indiana—is a court-ordered payment from one spouse to the other during or after the divorce. Although it’s common today for both spouses to work outside the home, spousal maintenance is still available if the lower-earning spouse meets the state requirements.

How long is alimony paid in Indiana?

three years
The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Can you sue for alienation of affection in Indiana?

It has been abolished in most jurisdictions, including Indiana. Despite the fact that alienation of affection claims are no longer allowable in Indiana, infidelity may still have some impact on an Indiana divorce, depending on the circumstances.

How long do you pay spousal maintenance?

Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”). Spousal maintenance ends if the recipient remarries or if either party dies.

How is alimony determined in Indiana?

The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Does Indiana recognize traditional “alimony?

Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited. Before the adoption of the Dissolution Act of 1973, Indiana courts were expressly authorized to award “alimony” in divorce decrees, if the award would be “just and proper.”

What is an alimony mediator in Indiana?

Often, a Indiana alimony mediator can be brought in to help the ex-spouses come to a mutual agreement regarding alimony and other contested issues such as property division, and thus avoid having to go to court. How are alimony payments taxed?

Is Indiana a spousal support state?

In the Dissolution Act of 1973, Indiana edged away from the strict policy against spousal support or spousal maintenance. For the first time, courts were expressly authorized to award spousal maintenance. Nevertheless, the authorization was quite narrow.

When does a court order spousal maintenance in Indiana?

While the decision to order spousal maintenance or alimony in Indiana is up to the trial court, a trial court’s authority to order spousal maintenance is limited to the three scenarios: Where a spouse needs support while acquiring education or training to get a job.