Spousal support, or maintenance, may be ordered to be paid by one spouse to another after a divorce to help them maintain a reasonable standard of living. However, not every state has the same laws regarding spousal support.
Unlike many states, Indiana has restrictive spousal support laws, and it is usually only awarded in specific circumstances. Here are more facts those seeking a maintenance award in Indiana should know.
It can facilitate economic rehabilitation
When one spouse has sacrificed much for a marriage, including a career or higher education, a divorce can leave them without many earning prospects. The court can remedy this by ordering the other spouse to pay rehabilitative maintenance for a limited time. It allows the receiving party to go back to college or enter a training program to expand their future earning capacity.
It can protect incapacitated children and spouses
When a divorce impacts a spouse or child who is physically or mentally incapacitated, the court may order the other spouse to pay maintenance. For child incapacitation, the custodial parent must be unable to work because they must care for the child to be eligible for this type of maintenance.
It is not an automatic award
For a judge to make appropriate decisions, they must know and understand the nuances of each unique situation. That means judges need more than just your account of the hardships that make spousal maintenance necessary.
You can strengthen your petition with financial documents, medical reports, education records and other evidence that shows your need. Experienced legal guidance can help you find other ways to minimize your financial risks and usher in a successful new start.
