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Alimony in Indiana

Alimony in Indiana


Is there an alimony law Indiana?


There is no alimony law in Indiana.  Spousal support is ordered only when the spouse is mentally or physically incapacitated to the point where that spouse is dependent on the other spouse entirely.  In other situations, child support is mandated when a child is severely incapacitated, meaning that the other spouse, with custody, may not work due to the demands placed by the child’s condition.


What is alimony in Indiana called?


The closest arrangement that is analogous to alimony is spousal maintenance, which as mentioned above, is only ordered when the spouse cannot work either due to a child that requires constant, urgent care or the spouse is incapacitated due to disability.


Court ordered support


Aside from the disability scenarios mentioned before, the court may interpret statutes that require payments to the spouse that depend on the other spouse “materially” to include education or training so that the dependent spouse can support themselves without spousal maintenance arrangements.


Length of alimony in Indiana


Generally, the initial arrangement to pay spousal support covers three years from the issuance of the divorce decree, as long as merit able petitions have no been filed against the arrangement or the circumstances of that spouses’ situation change to the point where support is no longer necessary.


Can I cancel alimony in Indiana?


To have spousal support cancelled, you must demonstrate that the spouse no longer needs that spousal support or that the current level of support is excessive.  Remember that the amount of support is dictated by the court during the divorce settlement, so you will need to file a petition to revoke or modify the spousal maintenance order.


You will have a difficult time proving that a disabled spouse or a spouse caring for a special needs child deserves less spousal maintenance.  If the arrangements of the spouse change significantly, you can petition for a modification of the support agreement.  This is similar to procedure for modifying child support.  Changes to your circumstances, including a loss of income can also be used as basis to lower the spousal maintenance paid.


Spousal maintenance arrangements expire automatically after three years, unless court orders are taken out to order that the arrangement continue in the same or modified form.


Conditions for alimony in Indiana, according to law


Indiana Code 31-15-7-2 states that the court may order maintenance if the spouse lacks marital property to provide for the spouse’s needs or that the spouse is the custodian of a child with mental or physical incapacity, the court will consider the educational level, earning capacity, time necessary to obtain training and other factors to determine for how long and at what amount a spouse may pay support to another.