When one party does not have the ability to work after a divorce, taking care of themselves will be challenging. If a newly divorced party cannot find a job because they lack in-demand skills, they are going to face difficulties providing for themselves. In these situations, that party may request spousal maintenance from their ex. In the state of Indiana, spousal maintenance can happen if any of the following circumstances exist:
- The spouse requesting the financial support has a physical or mental condition that prevents them from being able to take care of themselves;
- The spouse has custody of a child who is mentally or physically incapacitated. The extent of the child’s disability renders the spouse unable to work outside of the home.
- The spouse needs support while they go through training or while they obtain an education that allows them to be viable in the job market. This amount of time will not be more than three years. This is often the case for spouses who served as homemakers during the marriage.
What is the Purpose of Spousal Maintenance?
Indiana spousal maintenance laws were put in place because in many marriages, one spouse chooses to stay at home to raise the children and maintain the home. This spouse may engage in these activities for many years, and when a divorce takes place, they may lack the professional skills, education, training, or associated resources that would enable them obtain gainful employment and take care of themselves financially. The Indiana court system will determine if spousal maintenance should be awarded. Every divorce is different, so spousal maintenance is not a given in every situation.
Even when Indiana spousal maintenance support is ordered by the court, the spouse forced to pay it will not have to do so indefinitely. At most, one spouse will be responsible for providing the payment for no more than three years. The court will decide an appropriate amount of money to be paid in spousal support and the appropriate duration.
Ultimately, it is up to a judge to decide if the details of a divorce situation make Indiana spousal maintenance support necessary. Whether it is questions about spousal maintenance, child custody issues, parenting time, child support, or any other family law issue, you can count on Christopher L. Arrington to help. Christopher L. Arrington is a Danville family law attorney who is dedicated to helping people with divorce and other family issues. Everyone deserves to have access to legal counsel that is personalized and cost-effective.
Speak With Christopher L. Arrington Today
As an experienced Indiana family law attorney, Christopher L. Arrington can be reached at (317) 745-4494 to schedule your free consultation.