Alimony and Spousal Maintenance in Indiana

“Alimony” is not a term that is used in Indiana law. That term has been replaced with “spousal maintenance.” Spousal maintenance refers to payments made by one ex-spouse to their former spouse in a divorce. It is important to note that spousal maintenance is not the same as child support. Child support is for the benefit of the former couple’s child(ren) whereas spousal maintenance is intended to benefit the former spouse. Additionally, child support can be awarded in paternity cases and in divorce cases, while spousal maintenance can be awarded in divorces, only.

Does Indiana Use Spousal Maintenance?

The short answer is yes, but there are strict limitations. Indiana courts are quite limited in their ability to award spousal maintenance in divorces. A trial court may only order spousal maintenance over a paying spouse’s objection in three situations:

1. Incapacity maintenance. This is available when a spouse is physically or mentally incapacitated and the spouse cannot support themselves.
2. Caregiver maintenance. This may be awarded when the spouse lacks sufficient property to provide for their own needs and the spouse is the custodian of a child whose physical or mental incapacity requires them to forgo employment.
3. Rehabilitative maintenance. This may be awarded to allow a spouse to seek sufficient education or training in order to find appropriate employment. This maintenance may not last more than 3 years.

Lastly, parties are free to agree on spousal maintenance in a settlement agreement. Even if they do not fit into the categories above, the parties may agree to the payment of spousal maintenance on their own.

If you are going through a divorce, contact the Indianapolis and Shelbyville McNeelyLaw lawyers today. Call us at 317-825-5110 to talk to an experienced divorce attorney who can help navigate you through your case.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.