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Legal Information: Indiana

Divorce

Updated: 
January 24, 2019

Can I get alimony?

Alimony (or maintenance, as it is also called) 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,
  3. 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 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 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)