The following is a summary of Indiana alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Indiana Code and/or consult with an attorney about how the law might apply to your particular situation.

Guidelines for Determining Alimony.

A court may order alimony if it finds that:

  1. A spouse is physically or mentally incapacitated, to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected,
  2. A spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s needs; or
  3. The spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment.

Indiana laws allow the court to consider the following factors when determining an award of alimony:

  1. The educational level of each spouse at the time of marriage and at the time the divorce is filed;
  2. Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
  3. The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
  4. The time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.

A court may award rehabilitative alimony if necessary, in an amount and for a period of time that the court considers appropriate, but not to exceed 3 years from the date of the final decree.

-From 31-15-7-2 of the Indiana Code.

 

This information has been summarized from the Indiana statutes. You can find the full-text version of these and other Indiana divorce statutes online here: Indiana Divorce Laws.

LEARN MORE ABOUT GENERAL ALIMONY LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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