Spousal Maintenance
Spousal Maintenance
Spousal Maintenance Lawyers in Indianapolis
Divorce brings up many questions about how your life will change once the papers are signed. One of the biggest concerns for many people is their financial future. The end of a marriage can leave you wondering how you will pay your bills or maintain your standard of living. Indiana law provides options for spousal maintenance under specific and limited circumstances.
At Villarrubia & Rosenberger, P.C., we understand the financial worries that come with divorce. We will work with you to understand your situation and determine if spousal maintenance is an option. With our assistance, you can look forward to a brighter future after your divorce.
Types of Spousal Maintenance in Indiana
Indiana courts do not award traditional alimony. Instead, they offer three distinct types of spousal maintenance to help a former spouse get back on their feet.
Preliminary Maintenance
Before a divorce is final, a judge might order preliminary maintenance. This temporary maintenance provides financial stability to a lower-earning spouse while the divorce is pending.
Rehabilitative Maintenance
A judge may award rehabilitative maintenance to help a lower-earning spouse gain financial independence. This type of maintenance pays for education or job training. The law limits rehabilitative maintenance to a maximum of three years. Courts review several details before awarding this maintenance:
- The education level of each person.
- The work history of the requesting spouse.
- The earning capacity of both parties.
Disability Maintenance
If a physical or mental disability keeps a spouse from working, the court might grant disability maintenance. This maintenance requires clear medical documentation and can last indefinitely. A judge might also award this maintenance if a spouse must stay home to care for an incapacitated child.
Factors Influencing Spousal Maintenance Awards
Because Indiana strictly limits maintenance, judges look closely at the details of each case. They evaluate several elements to decide if an award is appropriate:
- The income disparity and financial needs of each person.
- The marital assets and the length of the marriage.
- The education and work history of each spouse.
- The severity of a disability, if applicable.
It is important to note that Indiana courts do not consider marital misconduct when determining maintenance awards.
Alternatives to Monthly Maintenance Payments
Couples do not always have to rely on monthly payments. You can negotiate different arrangements to settle financial obligations. Some popular alternatives include lump-sum payments, taking a larger share of the marital assets, or assuming a specific portion of the marital debt.
Modifying Spousal Maintenance Orders
Life changes, and court orders can sometimes change with it. If you experience a substantial change in circumstances, you can ask the court to modify your maintenance order. You will need clear evidence to prove that the current order is no longer fair or reasonable.
The Importance of Legal Counsel
Indiana family laws are complex and highly detailed. You need an experienced attorney to help you build a strong case and negotiate fair agreements. A skilled legal representative will make sure the court hears your side of the story clearly and accurately.
Protect Your Financial Future Today
Spousal maintenance in Indiana provides essential support for individuals who need time to build financial independence or who face severe disabilities. The rules are strict, but the right legal strategy can help you secure the financial backing you need. Contact the experienced family law attorneys at Villarrubia & Rosenberger, P.C., today to discuss your case and start planning your next steps.
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