When people in Indiana get divorced, they sometimes have questions about alimony. Someone may have expected to be supported by their spouse, and the divorce is taking away that financial support.
While Indiana does not technically have alimony, there are situations in which you can apply for spousal maintenance. This can be either permanent or temporary, depending on the specifics of the situation. The courts often refer to this as rehabilitative maintenance.
What makes it more likely?
There are many different reasons why spousal maintenance may be ordered, such as if someone needs rehabilitative maintenance while reentering the workforce. The court will consider factors like job training, education level and earning capacity.
For example, a person may have left the workforce 20 years ago to become a stay-at-home parent, believing their spouse was going to support them financially going forward. If they get divorced, it may take time for them to reintegrate into the workforce since they have not worked in so long. Maintenance can be ordered on a temporary basis to give them a chance to adjust without creating a financial hardship.
The court may also order spousal maintenance if there are situations that prevent that person from working. For instance, they may have a mental or physical disability, they may be incapacitated, or they may be the primary caretaker for a child who has a mental or physical handicap and requires extensive care. If it is impossible for that person to work, spousal maintenance can help provide them with financial support even after their marriage ends.
Since every situation is unique, it is very important for those going through a divorce to understand all of their legal options and the steps they can take.