Spousal Maintenance Attorney in Indianapolis
How Is Spousal Support Decided in Indiana?
The decision to award alimony to either of spouse in a divorce is not automatic. Instead, Indiana state law provides that the family law court may decide to order payment of spousal maintenance based on certain circumstances. If the parties to the divorce previously executed a prenuptial agreement that specifically addressed the question of spousal maintenance, this is taken into account. In most cases, however, the issue will not come up unless one of the spouses requests it in the petition for divorce or during negotiations in an uncontested divorce.
When determining whether or not to award spousal maintenance to either party, a judge will consider several factors including the following:
- Financial circumstances of each spouse, both in respect to their economic resources and their income capacity. If either spouse is at risk of being placed in financial hardship after the divorce, he or she is more likely to be granted a request for alimony.
- Which parent will receive child custody, as well as how much each spouse will receive in the division of assets. In many cases, spousal maintenance is awarded on a temporary basis with the purpose of providing the recipient with the necessary wherewithal to pursue the training or education needed to find suitable employment to become financially independent.
What Does Spousal Support Include?
Spousal maintenance is intended to cover one spouse’s reasonable monthly expenses to help him or her maintain the same standard of living he or she enjoyed during the marriage. These payments may include:
- Mortgage or rent;
- Internet/telephone/cell phone bills;
- Clothing/footwear/personal hygiene items;
- Transportation fees (auto repair/maintenance/payment/insurance, gas, parking, bus fare, etc.);
- Medical insurance/supplies;
- Any other life expenses that the court deems necessary.
In some cases, expenses related to the parties’ children that were not covered by child support may also be factored in.
How Long Can You Get Spousal Maintenance?
The duration of spousal maintenance in Indiana depends on the type:
- Temporary maintenance is appropriate in situations where one spouse is unemployed and doesn’t earn enough to pay for a new household during the divorce without help from the other spouse. This type of support ends after the judge issues a new support order and/or the divorce is finalized.
- If one spouse is unable to work due to physical or mental incapacitation, or due to caring for a child with special needs, the judge may award support for as long as necessary, which could be short- or long-term depending on the circumstances.
- Rehabilitative support is awarded when the court believes that one spouse can become financially independent if provided with support while receiving an education or training to become employable.
Get a Free Consultation With Our Indianapolis Spousal Maintenance Lawyer!
Whether you are anxious to receive spousal maintenance or worried that you will be ordered to pay, come to Bowen & Associates, LLC for help from an Indianapolis spousal maintenance attorney who has more than a decade of experience. We understand how much is at stake for your future since the question of spousal maintenance could easily determine whether you are able to smoothly transition back into single life or are left struggling to make ends meet.
Contact us for a free case evaluation to discuss your concerns and learn more about how our Indianapolis spousal maintenance lawyer can help you!