Indiana Alimony and Spousal Support Laws
Indiana divorce courts have discretion to award alimony or spousal support on a case-by-case basis. The court will take into consideration all the circumstances of the parties.
Types of Spousal Support
- Temporary – courts may grant temporary support during the period between filing for divorce and final dissolution, if one party requires it to survive.
- Short-Term – courts may also grant support for a short period of time after dissolution, especially if one party needs to obtain an education or skills to become employable.
- Long-Term or Permanent – courts may grant support for a longer time if circumstances of the parties make it necessary.
Who is Eligible for Alimony in Indiana
An Indiana court may order spousal support if:
- One spouse is incapacitated, to an extent that the ability of that spouse to be self-supporting is impacted;
- One spouse lacks sufficient property to provide for that spouse's needs; or
- One spouse is the custodian of a child whose incapacity requires the custodian to forgo employment.
Indiana Alimony Guidelines (Factors for Awarding Alimony)
Indiana courts will consider the following factors when determining alimony:
- educational level of each spouse;
- earning capacity of each spouse; and
- Any time and expense required to acquire education or training to enable the spouse who is seeking maintenance to find employment.
Reasons for Termination or Modification of Alimony in Indiana
A party may seek termination or modification if a change of circumstances makes such necessary.
Marital Fault in Indiana
Indiana does not consider marital fault when determining alimony awards.
How Long Does Spousal Support Last in Indiana?
Alimony will last as long as the court deems appropriate to achieve the aims of the support agreement whether they are to provide for a parent who is taking care of a child with special needs, or to facilitate the spouse’s gaining of skills for employability.
Indiana Alimony Taxes
The tax implications of a divorce settlement should be considered by all parties during the proceedings. Generally, the person who pays support takes it as a deduction for tax purposes, and the person who receives support claims it as income.
Find an Alimony Attorney in Indiana
An Indiana attorney versed in family law and divorce can help you work through the paperwork and filing procedures. Also, an attorney will advocate on your behalf in court. Going through a divorce is often emotional, and working with an attorney can make the process simpler and easier.