Determining Spousal Maintenance in Indiana
When determining temporary spousal maintenance, the court should use the
Indiana Child Support Guidelines to provide a useful reference point. Temporary spousal maintenance may
be awarded by the court not to exceed 35% of the obligor's weekly adjusted
income. This maximum award should be reserved for a spouse who has no
income or no means of support.
child support is ordered, the court should not award child support and temporary spousal
maintenance that would exceed 50% of the obligor's weekly adjusted income.
The court may order temporary spousal maintenance and/or child support
as a dollar amount or "in‑kind" payments or obligations. It
is important to keep in mind that the court may or may not credit temporary
spousal maintenance payments against a final distribution.
Types of Post-Dissolution Spousal Maintenance
In Indiana, the court may award only three varieties of post-dissolution
spousal maintenance: incapacity spousal maintenance, caregiver spousal
maintenance, and rehabilitative spousal maintenance. However, the parties
may agree to a specific amount of alimony subject to the court’s approval.
Incapacity Spousal Maintenance
If the court finds that the spouse is physically or mentally incapacitated
and unable to support him or herself, it may award incapacity spousal
maintenance during the period of incapacity.
Caregiver Spousal Maintenance
If the court finds that the spouse lacks enough property to provide for
his or her needs and is the custodian of a physically or mentally incapacitated
child, the court may award caregiver spousal maintenance.
Rehabilitative Spousal Maintenance
The court may award rehabilitative spousal maintenance for up to three
years while the spouse needing financial assistance obtains employment-related
education or training.
In awarding rehabilitative spousal maintenance, the court should consider:
- The party's education level
- Whether there was an interruption in the party’s education, training,
or employment for homemaking or childcare
- The party’s earning capacity
- The time commitment and cost of enough education and training to acquire
Modifying a Spousal Maintenance Order
To modify and change a spousal maintenance obligation after an alimony
order has been entered, an ex-spouse must show a substantial change of
circumstance that makes the terms unreasonable. If at least one year has
passed, they could instead show that there is a difference of more than
20% between the current order and the amount that would be ordered if
the Indiana Child Support Guidelines were applied.
Contact Hains Law, LLC
It can be difficult to resolve the challenging issues that arise in
family law cases. With a decade of experience and an exclusive focus on family law,
Carmel alimony attorney
Joshua R. Hains has your best interests at heart. If you have questions about whether
you are likely to pay or receive alimony, we would be happy to address
them during an initial consultation.
(317) 588-2883 now to schedule yours.