One of the things that Indianapolis divorce clients are shocked to hear is that there is no alimony in Indiana. Alimony does not exist in Indiana. The parties in a divorce case may agree to pay/receive alimony. However, the Court does not have the power to make alimony a part of the dissolution decree in the event either of the parties object.
Even though there is no alimony available under Indiana law, Spousal Maintenance does exist. The Court can enter a provisional or final order that requires one party to pay the other. Temporary spousal maintenance may be entered as a part of the provisional order because one spouse does not have the ability to support him or herself and the other party has the income necessary to support said spouse. A spousal maintenance order is rarely included in a final divorce decree, and therefore permanent. However, the Court may opt to order permanent spousal maintenance in limited circumstances including when a spouse has a physical disability of one of the spouses (or a spouse is taking care of a special needs child and is therefore unable to work.)
Indiana law also permits Rehabilitative Spousal Maintenance. As the name implies, Rehabilitative Spousal Maintenance are payments from one spouse to another while the receiving spouse is putting him or herself in a position to be self-sufficient, such as through obtaining a degree or finding a better paying job. Rehabilitative Spousal Maintenance is most often order when one spouse put his or her career on hold during the marriage and Rehabilitative Spousal Maintenance is limited to a period of three (3) years.
In the end, whether any type of Spousal Maintenance will be ordered in your case is fact-sensitive. It is important to discuss your case and the probability of spousal maintenance with your divorce attorney. If you are a resident of Indianapolis, Carmel, Zionsville, Fishers, Noblesville, or Westfield and are in need of a divorce lawyer do not hesitate to contact Halcomb Singler for an appointment at (317) 575-8222 or click here.