Indiana Alimony Laws and Spousal Support

In Indiana, spousal maintenance, also called spousal support, is more difficult to obtain than in many other states. It’s a court-ordered payment from one ex-spouse to the other. Unlike most other states, Indiana does not use factors like the length of the marriage to determine alimony payments.

Indiana Alimony Laws

In cases of divorce or legal separation, spouses receive Indiana spousal maintenance payments if a judge finds:

• The recipient spouse's mental or physical incapacity requires financial support after the divorce. The requesting spouse must provide medical evidence that they can’t work.

• The recipient spouse is the custodial parent of a mentally or physically incapacitated child and lacks enough property to provide for their needs and the needs of the child. The requesting spouse must prove that the child's incapacitation requires full-time care.

Indiana Code 31-15-7-2 includes the marital property settlement agreement when determining whether a custodial parent needs extra financial support.

Rehabilitative Maintenance

Courts may order rehabilitative maintenance if a requesting spouse can show that they put their education or employment on hold for homemaking and childcare responsibilities. The statute limits rehabilitative maintenance to three years from the final decree. The judge will consider the following:

• Education level of each spouse currently and at the time of the marriage
• Earning capacity of each spouse and the length of absence from the job market
• Time needed for the requesting spouse to get the education or training to find appropriate employment

Rehabilitative maintenance only provides for the spouse's needs while they gain the experience and education necessary to re-enter the job market. Judges may shorten the term if they think the party can get the required education in less than three years.

Modifying or Terminating Alimony

A party may request a modification for a spousal maintenance order with a showing of:

• A substantial change of circumstances makes the terms unreasonable
• A child support order issued at least 12 months before the request that differed by more than 20% from the guidelines

(IN Code 31-15-7-3)

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should always consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Indiana Spousal Support Laws: Related Resources

For additional information and resources related to the divorce process, visit the links below.

• Indiana Marital Property Laws
• Indiana Divorce Laws
• Indiana Prenuptial Agreement Laws
• Divorce

Get Legal Advice About Indiana Alimony Laws

Alimony and maintenance are critical legal issues in a divorce. If you need help with an Indiana divorce, contact an Indiana divorce attorney who can explain your case and related maintenance laws.