The law in Indiana presumes both spouses will work to support themselves once a marriage dissolves. However, the law carves out an exception for spouses who cannot work. Spousal maintenance is commonly referred to as alimony. It can be awarded in certain circumstances and is determined on a case-by-case basis.

Indefinite Maintenance

There are two types of maintenance that can be awarded to a spouse: Indefinite maintenance and temporary maintenance. In certain circumstances the court may order that the spousal support be paid indefinitely. Circumstances warranting indefinite maintenance, according to the Indiana Code include:

• A spouse that is mentally or physically incapacitated and due to the incapacitation, cannot support himself or herself, a court may order maintenance for the spouse during the period of incapacity.

A court may order maintenance of a spouse as necessary for a period of time that the court considers appropriate if the court finds that either:

• A spouse lacks sufficient property to provide for their own needs.

• The spouse is a the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment.

The court will award the indefinite maintenance for a period that the court deems appropriate and the maintenance may be modified upon a showing of changed circumstances.

Temporary Maintenance

Temporary spousal maintenance is awarded upon consideration of several factors. If the court finds that maintenance is necessary then it can be awarded for a period of time not to exceed three years from the date of the decree. The factors the court considers are:

• The educational level of each spouse, both at the time of marriage and at the time the action is commenced.

• Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both.

• The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market.

• The time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.

When Can Maintenance Be Awarded?

In Indiana there are two time periods during a divorce when spousal maintenance may be awarded and paid. The first is while the divorce is pending – after filing but before the divorce is finalized. Indiana courts are more inclined to grant this type of spousal maintenance when there is a disparity of income between spouses and one needs the support to maintain his or her standard of living. The second period when spousal maintenance can be ordered is once the divorce is finalized. Indiana Code 31-15-7-2 defines when the award of spousal maintenance is appropriate once a divorce is finalized and the factors where discussed above.

Consult a Family Law Attorney

Whether you are seeking spousal maintenance or seeking to modify a spousal maintenance order you should consult an experienced family law attorney.Attorney Christopher L. Arrington is an experienced divorce attorney serving clients in Hendricks and Putnam counties. He focuses on his clients’ objectives and seeks to find resolution during a difficult time. Call our office today to discuss your case.