Spousal Maintenance in Indiana: What You Need to Know
Indiana law recognizes three types of spousal maintenance, each with different eligibility requirements:
1. Preliminary Maintenance (Temporary Support During Divorce)
Before a divorce is finalized, the court may order preliminary maintenance—temporary financial support to help one spouse meet their basic needs during the divorce process.
🔹 Purpose: To maintain financial stability and ensure both spouses can cover their expenses before the divorce is finalized.
🔹 Factors Considered:
✔ The income disparity between spouses
✔ The financial needs of each spouse
✔ The marital assets available to both parties
✔ Whether one spouse was the primary earner
💡 Important: Preliminary maintenance ends when the divorce is finalized and is often factored into the final property division or support arrangements.
2. Rehabilitative Maintenance (Support for Education or Job Training)
The most common form of spousal maintenance in Indiana is rehabilitative maintenance, which helps a lower-earning spouse gain the skills or education necessary to become financially independent.
🔹 Purpose: To allow a spouse to obtain education, training, or career advancement to improve earning potential.
🔹 Factors Considered:
✔ The length of the marriage
✔ The education and work history of the spouse requesting maintenance
✔ Whether one spouse sacrificed their career to support the family
✔ The cost and time required for education or job training
💡 Important: Rehabilitative maintenance is limited to a maximum of 3 years after the divorce is finalized.
3. Disability Maintenance (Support for a Disabled Spouse or Caregiver)
If a spouse has a physical or mental disability that affects their ability to work, the court may order disability maintenance.
🔹 Purpose: To provide financial assistance to a spouse who cannot support themselves due to disability.
🔹 Factors Considered:
✔ The severity of the disability
✔ The spouse’s ability to work or earn an income
✔ The duration of the marriage
✔ The financial resources of both spouses
Additionally, if one spouse is the primary caregiver for a disabled child, the court may award maintenance if the caregiving responsibilities prevent them from working.
💡 Important: Disability maintenance may continue indefinitely but can be modified or terminated if the disabled spouse’s condition improves.
Factors Indiana Courts Consider When Awarding Spousal Maintenance
Since spousal maintenance is not automatic, courts evaluate several factors when deciding whether to grant maintenance and how much to award:
✔ Each spouse’s income and earning potential
✔ Length of the marriage
✔ Age and health of each spouse
✔ Financial contributions during the marriage (e.g., homemaking, childcare)
✔ Educational background and work history
✔ Economic circumstances after divorce
✔ Tax consequences of maintenance payments
✔ Whether the spouse requesting maintenance can become self-sufficient
📌 Note: Unlike some states, Indiana courts do not consider marital misconduct (such as adultery) when awarding spousal maintenance.
Alternatives to Monthly Maintenance Payments
Instead of ongoing monthly payments, spouses may agree to alternative financial arrangements, including:
✔ A one-time lump-sum payment instead of periodic maintenance
✔ A larger share of marital assets (e.g., retirement accounts, property)
✔ Debt assumption or other financial adjustments to ensure fairness
💡 Important: Once a court finalizes a divorce decree, spousal maintenance is difficult to modify—so it’s crucial to get it right from the beginning.
How Spousal Maintenance Affects Child Support
Spousal maintenance and child support are separate legal obligations, but they can impact each other.
If a spouse receives spousal maintenance, the court may adjust child support payments accordingly.
If a spouse is awarded child support, they may not be eligible for rehabilitative maintenance since child support already helps cover living expenses.
📌 Note: Unlike child support, spousal maintenance is taxable income for the recipient and tax-deductible for the payer.
Why You Need a Family Law Attorney for Spousal Maintenance
Indiana’s spousal maintenance laws are complicated, and courts have broad discretion in determining awards. Whether you are seeking maintenance or challenging a request, having an experienced Indiana family law attorney is essential.
At Vining Legal, we can help you:
✅ Determine whether you qualify for spousal maintenance
✅ Negotiate a fair maintenance agreement
✅ Present strong evidence to support your claim
✅ Challenge an unfair maintenance request
📞 Call Vining Legal today at (317) 759-3225
📅 Schedule a consultation here: https://indianalawyer.esq/contact
Conclusion
Spousal maintenance in Indiana is not guaranteed and is typically temporary. Courts award maintenance only in specific situations, such as when a spouse needs time to become financially independent or has a disability.
If you are going through a divorce in Indiana and have concerns about financial support, consulting with a family law attorney can help you protect your financial future.
📞 Contact Vining Legal today to discuss your case and ensure your rights are protected.