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Spousal Maintenance in Indiana

Spousal Maintenance for Dissolution in Indiana

Before officially filing for divorce, there are a multitude of factors a spouse should consider. Ending a marriage with a person whom you have loved dearly for at least some point in your life is not easy. Even if both of you agree that it is time to part ways and move on with your lives as amicably as possible, it is possible that once it comes down to the division of assets or child custody issues, things can get ugly. Depending on the specific facts of your situation though, it is possible that both of you may walk away from the experience unscathed and continue to have a friendship. However, for the majority of Indiana residents it may not work out this way. This is especially true when one spouse makes sacrifices in their career or suffers from an ailment and demands spousal maintenance to maintain the lifestyle they had while married. Although spousal maintenance may just seem like par for the course when it comes to divorce, it should be taken seriously as it can have a huge impact on your divorce if the terms are not carefully stipulated.

What is Spousal Maintenance?

Spousal maintenance is also known as alimony or spousal support. Spousal maintenance is money that one spouse agrees pay the other in weekly, monthly or other pre-determined installments for a specified amount of time. According to Indiana law, a spouse may be ordered to pay spousal support after a divorce or legal separation. Indiana typically awards spousal maintenance in the following three situations:

·      A spouse is physically or mentally ill and has difficulty supporting him or herself;

·      A spouse has custody of a child that is mentally or physically ill and as a result must stop working to take care of the child; or

·      The court decides that a spouse needs extra money to support him or herself because of a lack of education or employment due to staying home with the children or homemaking in general. A court may award support for as long as the spouse is able to complete an education or gain employment with a maximum amount of time being for three (3) years.

In addition to the above situations where a judge may order spousal maintenance, the spouses themselves can come to an agreement regarding spousal maintenance. This is when it is crucial that both spouses understand the terms and duration of the spousal maintenance obligation. Once a judge approves the agreement, it will be treated the same way as the court ordered spousal maintenance and a failure to adhere to any terms will result in contempt. Thus, it is crucial to know your rights and to seek adequate legal help before being on the hook for spousal maintenance.

Contact an Experienced Indiana Divorce Attorney

If you are contemplating divorce, contact an experienced divorce attorney who can help walk you through the process.Chris Arrington will make sure that any sum of money you may have to pay in spousal maintenance is fair and that you won’t be taken advantage of by your spouse.



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