Rarely is a divorce a simple process to go through. When one spouse earns less than the other, the lesser-earning spouse might be in need of financial assistance until they can secure a way to support themselves. This is referred to as alimony or spousal maintenance.
In Indiana, not every spouse who makes less than their former partner is entitled to spousal support. In fact, the rules for obtaining or paying alimony are quite specific. Below, we outline some of these rules so you can better prepare, whether you will be paying or receiving financial assistance from your soon-to-be former spouse.
Why a Spouse Might Require Financial Support
In order for one spouse to get an order for alimony, they will need to demonstrate a need for spousal support. There are only a few conditions in which the courts will issue this order. If your situation includes one or more of the following factors, an Indiana divorce attorney can help:
- One spouse has a mental or physical condition that prevents them from obtaining gainful employment.
- One spouse cares for a minor who requires significant daily assistance.
- One spouse requires financial support while they receive training or education that will allow them to seek gainful employment.
The Details of an Alimony Order in Indiana
After a spousal maintenance order has been issued, it is legal and binding. This means that both spouses will be obligated to the terms as they are specified in the order.
The length of time the higher-earning spouse will be required to pay alimony depends on how long you were married and the reason a spousal maintenance order was issued. Additionally, the alimony amount to be paid will also vary, depending on how long you were married, how much money you make, and the like.
For example, if the order was issued because the lesser-earning spouse has a physical or mental health condition, the alimony order might be permanent. In contrast, when the spouse receiving support is obtaining vocational training, the order cannot exceed three years.
It’s important to keep in mind that, in most cases, the purpose of spousal support is to help both spouses maintain a similar standard of living as they did when they were married. This can be temporary or permanent, based on their unique situation.
Contact an Indiana Spousal Support Lawyer
If you believe that you might require spousal support, or if you want to prepare yourself to pay your former partner’s alimony, reach out an Indiana spousal support lawyer at Rowdy G. Williams Law Firm today.
You can complete the quick contact form below or give our office a call at 1-812-232-7400 to schedule your free case evaluation.