(Carpal \'Tunnel)
05/21/07 07:54 PM
Re: Alimony in Indiana?

Alimony or spousal support can be awarded to either spouse for their support or maintenance after the divorce. Alimony payments are designed to assist with financial obligations of the receiving spouse and to help that spouse maintain a lifestyle similar to the one they had prior to being married. Most likely, the lifestyle can not remain exactly the same due to the paying spouse typically having to maintain two households for a period of time. Since a majority of spouses both work rewarding alimony is not extremely common although it does exist. Most of the time alimony is rewarded for a short period of time just to help the receiving spouse get on his or her feet again.

In Indiana, maintenance will be awarded to a spouse who: (1) is physically or mentally incapacitated to the extent that they are unable to support themselves; or (2) lacks sufficient property to provide support for his or herself and any incapacitated child and must forgo employment to care for the physically or mentally incapacitated child. Marital fault is not a factor.

In addition, rehabilitative maintenance may be granted to a spouse for up to 3 years, based on the following factors: (1) the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment; (2) the educational level of each spouse at the time of the marriage and at the time the action is commenced; (3) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both; (4) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence or absence from the job market. .

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