Divorce has a significant impact on a couple’s finances. It can be particularly difficult if one spouse is the primary breadwinner.
In such a situation, the no or lower-income spouse likely wonders how they will survive. Will the judge automatically require the other spouse to pay spousal maintenance?
Spousal maintenance depends on several key factors
Courts award spousal maintenance to ensure one spouse isn’t left destitute after a divorce and that both parties can maintain a lifestyle similar to when they were married. Unlike many states, Indiana doesn’t consider how long the couple was married. Instead, there are other factors that are used in determining the need for spousal support.
Spousal maintenance may be awarded if one spouse is physically or mentally unable to work or if the spouse can’t work because they are caring for a physically or mentally incapacitated child. Another determining factor is if the spouse doesn’t have enough property to supply their needs sufficiently.
The court may order rehabilitative maintenance for one spouse by considering the following:
- The educational level of each spouse at the beginning and end of their marriage
- If the education or career of one spouse was interrupted so they could take care of the home or children or both
- The educational background, training, employment skills, work experience, earning capacity and how long each spouse has been in or out of the workforce
- How long and how much money it will take for the spouse to acquire the education and training they need to start finding gainful employment.
The court will determine the length of the spousal maintenance; however, it will not exceed three years.
If you are contemplating divorce, it’s crucial that you find someone who can provide valuable guidance and ensure your interests are represented and a fair outcome is obtained.
