During divorce proceedings the court may decide to award maintenance indefinitely
or on a temporary basis.
Indefinite maintenance can be ordered if it appears one spouse is physically
or mentally unable to financially support themselves, or if the spouse
to receive maintenance does not have the property to provide for themselves
and has custody of a child with some physical or mental incapacity requiring
their full attention.
If and when these circumstances change, a request to modify the amount
and duration of maintenance may be filed if concrete evidence can be used
to support the request.
On the other hand, if the court determines that a spouse is deserving of
maintenance to get them back on their feet, it can be ordered for a set
period of time, up to three years. In determining if temporary maintenance
is appropriate, the court will look at each spouse’s education,
if the marriage interrupted one of the spouse’s education, training,
or employment, each spouse’s earning capacity, and the time it may
take to acquire the education or training needed to find sufficient employment.
It may be the case that a prenuptial agreement exists which allows for
each spouse to agree to spousal maintenance for a certain length of time,
this too will be considered by the court.
Your prospects for paying or receiving maintenance should be discussed
with an Indianapolis divorce attorney as soon as possible so you can get
a clearer picture of what you are up against and how the process works.