How Spousal Maintenance Works in Indiana

Temporary Spousal Maintenance

Spousal maintenance

During divorce proceedings the court may decide to award spousal 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.

Permanent Spousal Maintenance

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.

Contact us now to learn more about spousal maintanence during a free consultation!

Justin BowenBlog Author: Justin Bowen

Justin Bowen is an award-winning attorney at Bowen & Associates, LLC.

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