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Home > Blog > Family Law > How to Fight for Fair Spousal Support

How to Fight for Fair Spousal Support

How to Fight for Fair Spousal Support

When you and your ex are no longer interested in maintaining your marriage, you have the option of filing for divorce. But, with that, you’ll need to be prepared to divide all of your marital property and assets, and potentially pay or seek spousal support.

When your divorce isn’t going smoothly, you might find that your spouse is seeking far more support than you can reasonably pay, or that your spouse is withholding the support that you need. In either case, your attorney can help you fight for fair spousal support to be awarded in your case. Read on to learn more about when alimony will be awarded, and how it’s calculated in Indiana.

When Alimony Is Awarded in Indiana

Generally speaking, alimony is sought or paid when one spouse earns less than the other. When you end your marriage, things are sure to change, but both parties should be able to maintain their standard of living upon the dissolution of your marriage. There are a couple of different instances where alimony will be awarded.

The first is known as temporary maintenance. Here, the higher-earning spouse provides financial support to the lesser-earning spouse for a period of time until the lesser-earning spouse can obtain gainful employment.

You can also seek or be ordered to pay permanent maintenance, in which alimony is paid indefinitely. This is typically awarded when one spouse is mentally ill or physically incapacitated and is unable to financially support themselves. It can also be awarded if you share a child who has special needs and requires permanent and constant care.

In either of these situations, you’ll want to make sure the amount of spousal support awarded is fair, and your Indiana divorce lawyer will have the experience you need to do just that.

Calculating Spousal Support Payments

It’s important that you attempt to negotiate with your former spouse to reach an arrangement that works for everyone. If you can’t, the courts will determine how much alimony will be paid. This can end badly for either side, as you could be awarded far less than your spouse offered initially, or you could wind up having to pay far more than you spouse requested.

A number of factors are taken into consideration when calculating alimony payments, including how long you were married, both spouses income and expenses, your assets, and whether one spouse is receiving child support payments for your shared children.

Once each of these factors are weighed, you’ll have a better idea of how much alimony is reasonable to pay or receive in your case.

Work with an Indiana Alimony Lawyer

The question of alimony can quickly turn an amicable divorce into a battle, and having a qualified Indiana alimony lawyer at Rowdy G. Williams Law Firm can only help ensure you pay or obtain an amount that is both fair and reasonable.

When you’re ready to move forward with your case, schedule your initial case review by calling our office directly at 812-232-7400 or by filling out the quick contact form we’ve included below.

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