When an Indiana couple decides to end their marriage and part ways, it is rarely a simple matter of signing a few papers and no longer needing to have any connection to one another. Many might think these circumstances in which the couple still must have some level of contact are limited to when they have children, but paying alimony – also known as spousal support – is often ordered.
The supporting former spouse and the receiving former spouse must be aware of certain facts about spousal support like when it is warranted, when it can be rehabilitative, and when it can be modified or ended completely. As with any family law issue, legal help is imperative. With specific circumstances, the court can award spousal support if: a spouse has been found to be mentally incapacitated and with the incapacitation they cannot support themselves; or the spouse does not have the property to be able to provide for his or her own needs and has custody of a child who has a physical or mental incapacity that requires the parent to stay home to provide care.
Rehabilitative support is so the receiving spouse can accrue certain skills and education to no longer need the support and achieve independence. The court will consider the spouses’ educational level when they were married and what they were divorced; if the spouse who seeks support had education, employment opportunities, or training interrupted due to homemaking or child care; what the earning capacity of the parties is; and how much time and what it will cost for the person to achieve enough education or training to find a suitable job. If the terms of the support agreement are found to be unreasonable. It can be modified or terminated.
Although child custody and support will often come to the forefront in any divorce, spousal maintenance is also a common factor in disputes between the parties. This can continue long after the divorce has been finalized. Both sides should understand all the areas of family law, how spousal support is determined and when it can stop. A law firm experienced in family law, divorce and support issues can help.