Indiana Alimony Lawyer: How Do I Get Spousal Maintenance After My Divorce?

Navigating the complexities of spousal maintenance (commonly referred to as alimony in many other states) in Indiana can be challenging. It’s a topic fraught with emotion, financial considerations, and legal intricacies. As experienced alimony attorneys, we are here to shed light on this critical aspect of family law.

Technically, alimony is not a term recognized under Indiana law;[1] instead, the courts commonly award spousal maintenance. If you are interested in learning more about Indiana spousal maintenance laws,[2] we invite you to call Mattox & Wilson to schedule a consultation. As experienced alimony and spousal maintenance attorneys, we can listen to the facts of your case, explain your legal options, and tenaciously pursue a favorable outcome. We represent individuals on both sides of spousal support matters, including individuals looking to obtain or oppose spousal maintenance awards.

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What is Spousal Maintenance?

In Indiana, the concept of “alimony” as commonly understood does not exist. Instead, the state recognizes “spousal maintenance,” which can be awarded under specific circumstances. Unlike alimony, which is typically used to provide ongoing financial support to a lower-earning spouse after a divorce, spousal maintenance in Indiana is more focused on short-term assistance or support under certain conditions.

Spousal maintenance in Indiana can be awarded on a temporary or permanent basis but is restricted to specific situations. These include:

  • Incapacity of the Spouse. Maintenance may be granted when a spouse is either physically or mentally incapacitated in such a way that it affects their ability to work.
  • Caring for an Incapacitated Child. If a spouse has custody of a child who is physically or mentally incapacitated, maintenance may be awarded. This takes into account the extra care and support such a child might need, which could hinder the custodial parent’s ability to work full-time.
  • Rehabilitative Maintenance. This is perhaps the most common form of spousal maintenance in Indiana. It’s designed to provide temporary financial support to a spouse while they seek education or training to become self-sufficient. The idea behind this is to help the spouse “rehabilitate” themselves into the workforce.

While Indiana doesn’t have alimony in the traditional sense, its spousal maintenance system is designed to provide necessary support in specific situations, ensuring fairness and aiding spouses in transitioning to a post-divorce life.

What Is Rehabilitative Maintenance?

Rehabilitative maintenance is a form of spousal support that is designed to provide financial assistance to a spouse for a limited period, allowing them to become self-sufficient. The primary purpose of rehabilitative maintenance is to enable the receiving spouse to acquire the education, training, or skills needed to re-enter the workforce and support themselves.

Key points about rehabilitative maintenance in Indiana include:

  • Duration. Rehabilitative maintenance is typically awarded for a temporary period. In Indiana, it is limited to a maximum of three years from the date of the final divorce decree.[3]
  • Factors Considered. Courts will consider various factors when determining the need for rehabilitative maintenance, such as:
    • The educational background of the spouse seeking maintenance.
    • Their training and employment skills.
    • Their work experience and length of absence from the job market.
    • The time and expense necessary for the spouse to acquire sufficient education or training to find appropriate employment.
  • Discretionary. The awarding of rehabilitative maintenance is at the court’s discretion, and it is not guaranteed. Each case is unique, and the court will evaluate the specific circumstances to determine if such maintenance is warranted.

Obtaining rehabilitative spousal maintenance in Indiana can be challenging; as such, it is essential to consult with an experienced alimony lawyer to ensure the best chances of securing a fair and favorable determination.

What Factors Do Courts Consider When Determining Spousal Maintenance in Indiana

Several factors come into play when a court evaluates a request for spousal maintenance. These include:

  • The financial condition and resources of the spouse seeking maintenance;
  • The standard of living established during the marriage;
  • The duration of the marriage;
  • The physical or mental incapability of the spouse seeking maintenance to support themselves; and
  • The time and expense needed for the spouse seeking maintenance to acquire adequate education or training for employment.

The awarding of spousal maintenance is at the court’s discretion. Each case is judged on its unique circumstances, making it crucial to present a compelling argument, whether you’re seeking maintenance or contesting it.

Schedule A Consultation With An Experienced Spousal Maintenance Lawyer & Alimony Attorney Today!

Spousal maintenance cases in Indiana can vary greatly due to the unique circumstances of each divorce. This uncertainty often brings unease. To navigate these waters effectively, seeking guidance from experienced alimony lawyers becomes indispensable.

At Mattox & Wilson, we represent clients on both sides of spousal maintenance matters. Whether you’re seeking support or contesting a claim, we can guide you through every step of the process. Don’t leave your financial future to chance. Schedule a consultation with us today and arm yourself with the expertise and guidance you deserve.

[1] Indiana Divorce Law, The Military Department of Indiana, https://www.in.gov/indiana-national-guard/files/Divorce_in_Indiana.pdf.

[2] IN Code § 31-15-7-2 (2022)

[3] Id.

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