Alimony, also known as spousal maintenance in Indiana—is a court-ordered payment from one spouse to another during or after the divorce. Historically, courts in Indiana ordered alimony in divorce to ensure that both spouses received a fair property division.
In recent years, the state enacted new laws changing the name of “alimony” to “spousal maintenance,” and added a new definition that allowed judges to award maintenance to spouses that need financial support by the Indiana regulations.
The concept of alimony is familiar to all and came about when it was common for one spouse to work full-time and support the family while the other stayed home to care for the family. Usually, the stay-at-home partner often had challenges adjusting to paying bills after a divorce, especially when the primary earner paid for all the expenses.
Although it is 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 Do You Qualify for Alimony in Indiana?
Either spouse can seek maintenance in a divorce, but Indiana has strict guidelines regarding who is eligible. The court presumes that both spouses will work to support themselves after the divorce financially.
However, the law permits a judge to order spousal maintenance if any of the following factors apply:
- The requesting spouse is physically or mentally incapacitated to the extent that the spouse cannot become self-supporting or self-sufficient;
- A spouse lacks sufficient property to meet financial needs, and the spouse is a custodial parent of a child with physical or mental illness that makes it impossible for the custodial parent to work; and
- The court rules that rehabilitative maintenance is necessary for a supported spouse to acquire training or education to find property employment to become financially independent.
What are the Types of Spousal Maintenance Available in Indiana?
Many spouses will be concerned with how they can make ends meet while their divorce is pending. In Indiana, you can request a judge for temporary maintenance, which is appropriate in cases where one spouse is unemployed or does not earn enough to pay for a new household without assistance from the other spouse.
If the judge decides that you need support and that your spouse can pay, the court will order payments from your spouse. Temporary support terminates when the judge issues a new order and finalizes the divorce.
Moreover, courts in Indiana can only grant maintenance after the divorce if the requesting spouse meets one of the specific circumstances listed above. Once the court rules that support is appropriate, the judge will order it in an appropriate amount and duration to meet the spouse’s needs; this will vary case by case.
If the court determines that the spouse is physically or mentally incapacitated, the judge can award support for as long as the incapacity lasts, which can be short or long-term. But, the court will retain the right to review and modify the support order.
In cases where a custodial parent does not have enough marital property to meet minimum financial needs and cannot be employed due to a child’s physical or mental illness or disability, the court will order spousal maintenance for any duration the judge finds necessary and appropriate. Typically, both circumstances must apply before the court awards support.
Furthermore, the most common type of maintenance is rehabilitative support, which is provided when the court observes that one spouse can become financially independent but needs support while receiving an education or training to become employable.
Rehabilitative support applies, and the court will order it only after careful consideration of the following factors:
- Each spouse’s educational level at the time of the marriage and on the date of the divorce;
- Whether the requesting spouse interrupted education, training, or employment opportunities during the marriage due to homemaking or childcare responsibilities, or both;
- Each spouse’s earning capacity, including educational background, training, employment skills, work experience, and length of employment or absence from the job market and;
- The time and expense are necessary for the supported spouse to gain sufficient education or training to re-enter the workforce and find appropriate employment.
If the court decides that you meet the requirements for rehabilitative maintenance mentioned above, the judge can order support payments for up to three years as per guidelines of the Indiana rules. Unless you agree otherwise in writing, the court can alter any maintenance order if there is a substantial change in circumstances since the last order.
Unlike child support, judges have no set formula for calculating a support amount. Usually, judges have broad discretion and will try to calculate an amount permitting both spouses to have similar lifestyles after the divorce.
Who Makes the Decision to Award Spousal Maintenance or Alimony in Indiana?
Unless the parties agree, the spousal maintenance award in Indiana is within the court’s discretion where the divorce is pending. If an agreement does not exist, it is up to the court. If the court grants spousal maintenance without the parties’ agreement, the other spouse can appeal the spousal maintenance award. If the court denies a spouse maintenance, that spouse can appeal that denial decision too.
However, remember that the Court of Appeals will only overturn the trial court’s decision to award or deny spousal maintenance if it is against the logic and effect of the facts and circumstances before it. A local family law attorney will provide additional guidance on the standard and how it applies in Indiana courts.
When will a Court Order Spousal Maintenance or Alimony in Indiana?
While the decision to order spousal maintenance or alimony in Indiana is dependent on the trial court, a trial court’s authority to order spousal maintenance is limited to the following three scenarios:
- Where a spouse is incapacitated;
- Where a spouse is a caregiver for an incapacitated child and;
- Where a spouse needs support while obtaining education or training to receive employment.
If none of these circumstances exist, a court may not order maintenance without the parties’ agreement. Per the Indiana regulations, this rule reflects a clear legislative intent to retain fairly strict limits on the power of courts to order maintenance without the parties’ consent.
What is the Duration of Alimony in Indiana?
The state of Indiana does not approve requiring spousal maintenance payments without an end date. In Kizzah v. Kizzah, the Indiana Court of Appeals held that this disapproval is supported because the Indiana spousal maintenance statute only permits a court to order maintenance if a spouse is incapacitated, cannot support an incapacitated child, or needs employment training for a brief time.
Therefore, it is ruled that a trial court cannot order maintenance for the rest of a spouse’s life. However, the parties can agree on themselves, and if the court accepts it, the paying spouse will not be able to change this agreement unless the agreement states specifically that it can be modified.
When Do I Need to Contact a Lawyer?
If you reside in Indiana and are dealing with alimony issues, contacting a local Indiana alimony attorney may help you. Your attorney can answer your questions and guide you through the formal legal process from start to finish.
