In Indiana, “alimony” is not recognized in the traditional sense of the term. Instead, the law provides for spousal maintenance under Indiana Code § 31-15-7-2. Courts can award spousal maintenance under limited circumstances:

• If a spouse is physically or mentally incapacitated and unable to support themselves
• If a spouse must care for an incapacitated child, preventing employment
• As rehabilitative maintenance, for up to three years, to allow education or training that increases self-sufficiency

Outside of those statutory grounds, ongoing support is not available. Unlike other states, Indiana law emphasizes equitable property division over long-term alimony obligations. 

Case Study: Faulkner v. Faulkner

In this case, the husband and wife were married in October 2014. They did not have children. In 2017, the couple began a business together, a long-haul trucking company. The husband was president, and the wife initially did clerical work, but as her medical problems increased, she worked less, and eventually quit, and was replaced.

The business took on various assets, including tractors and trailers. The business grew and gross revenues increased from around $900,000 in 2017 to over $2.2 million in 2019. 

The couple ultimately separated in February 2019. The wife filed for divorce that same day. She was unemployed at the time of the separation and applied for Social Security Disability (which was denied).

During the divorce proceedings, an agreed provisional order required the husband to make weekly spousal maintenance payments ($200/week) and cover some of the wife’s bills. The decree was appealed by the husband on two grounds:

• The division of the marital estate, specifically, whether certain vehicles or business assets were properly included in the marital estate, and whether the husband should have been credited for provisional payments made prior to the final decree. 
• The award of spousal maintenance to the wife. 

The appeal

Under Indiana Code § 31-15-7-4, a trial court is required to include in the marital estate all property (whether it was acquired before or after the marriage). Under Indiana Code § 31-15-7-5, the presumption is for an equal (50/50) division of the marital estate, but this presumption can be rebutted by evidence such as each spouse’s contribution to the marriage and the economic circumstances of both spouses. 

Under IC § 31-15-7-2, there are three categories under which maintenance can be awarded:

• Incapacity – When a spouse is physically or mentally incapacitated and unable to support themselves.
• Custodial – Under certain circumstances, having a disabled child can result in an alimony award.
• Rehabilitative – When a spouse needs educational or vocational training. 

In this case, the appeals court found in favor of the wife, ruling that the trial court did not abuse its discretion when awarding her alimony due to the fact that she could not work. 

Talk to a Danville, IN, Family Law Attorney Today

Chris Arrington represents the interests of Danville, IN, residents during their divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.