Divorce

Alimony, also known as maintenance, is financial support paid by one spouse to another. A judge may award maintenance for a period of time that the judge believes is appropriate if s/he finds that:

1. you are physically or mentally incapacitated to the extent that you are unable support yourself and financial support is necessary during the period of incapacity; or
2. you lack the resources to meet your basic and reasonable needs and you have custody over a child whose physical or mental incapacity prevents you from working.¹

The judge will decide if you need alimony, how much you will receive, and for how long you will receive it.¹

If you don’t meet either of the two circumstances described above, a judge can still choose to award you “rehabilitative maintenance,” which can only last for a period of up to three years from the date of your final divorce decree. When deciding whether or not to order rehabilitative maintenance, a judge will consider the following factors:

1. education level of each spouse at the time you were married and at the time the divorce case begins;
2. whether you had to stop your education, training, or work in order to care for your child and/or your home during the marriage;
3. the earning capacity of each spouse, including each spouse’s educational background, work experience, employment, skills, training, and time in and out of the job market; and
4. the amount of time and money that would be necessary for you to go back to school or to get training in order to find appropriate work.²

¹ Indiana Code § 31-15-7-2(1), (2)
² Indiana Code § 31-15-7-2-(3)