There are many concerns in an Indiana divorce. One that frequently arises is how much will be paid in spousal support. Sometimes referred to as alimony, there are many factors to consider. This is true for the former spouse who pays and the one who receives. It is important to assess all the issues that will be part of a determination.
Under state law, spousal support can vary. There are certain situations in which the court will make a support order. For spouses lacking the capacity – physically or mentally – to self-support, spousal support may be ordered. If there is a lack of property for the person to fulfill the necessities of life and they are caring for a disabled child preventing them from working, there might also be an order.
Rehabilitative support is different. This can be awarded for three years after the divorce decree. The factors might include: the spouses’ levels of education when they married and when they divorced; if the employment, education or training of the spouse requesting support was interrupted due to being a homemaker and/or parent; each party’s ability to earn a living based on their skills and the job market; and how much time it will take to receive training to find gainful employment.
Once the award has been made, it can be modified or stopped when it is shown to be unreasonable due to a change in circumstances. Both spouses will have their own viewpoint as to what is a fair amount. This can lead to acrimony. Even in cases where they are on relatively good terms, spousal support can be complex. When dealing with family law issues, it can be beneficial to have legal advice. A firm with experience in spousal support may help with a case.
