Indianapolis Spousal Maintenance & Alimony Attorney and Mediator
Indiana Courts have the jurisdictional authority to order spousal maintenance under certain circumstances but do NOT have the authority to order alimony absent agreement of the parties.
A court in Indiana may order spousal maintenance under the following circumstances:
- Disability of Spouse. If a spouse is physically or mentally disabled to the extent that the ability of that person to support himself or herself is materially affected, the court may order maintenance during the period of incapacity.
- Disability of Child. If a spouse has insufficient property or income to support herself or himself and that spouse is the custodian of a disabled child that requires the custodial parent to forego employment, the court may order maintenance for an appropriate amount of time.
- Rehabilitation of Spouse. After considering various factors, considering among other things whether an interruption in the education, training or employment of a spouse occurred during the marriage as a result of homemaking or child care responsibility, a court may order rehabilitative maintenance for a time not to exceed three (3) years.
Unlike alimony, which cannot be modified, a court in Indiana may modify spousal maintenance obligations. You can learn more about the Spousal Maintenance Statute at www.in.gov/legislative/code/title31/ar15/ch7.html.
An alimony provision in a divorce agreement provides for the support and maintenance of a spouse for a set period of time or until a particular event occurs, such as remarriage. Alimony is generally paid out of the obligor’s future income rather than marital assets, and is not considered a property division.
You will need to consult with an accountant in order to make sure an alimony agreement is deductible. For instance, one rule is that alimony must terminate upon the death of the spouse receiving it in order to qualify as a deduction for income tax purposes. If the person paying alimony qualifies to take the expense as a deduction, the person receiving alimony must include the payment as income on his or her income tax return.
Indiana courts do not have the jurisdiction to order alimony absent agreement of the parties. Therefore, absent agreement of the parties, the court does not have the authority to modify an alimony obligation.
Given that an alimony obligation is always a voluntary decision on the part of the paying spouse, hiring a shark that begins the process in an adversarial way is likely to guarantee you will not receive an alimony payment that might otherwise have come your way.
Carol offers free consultations and will schedule flexible appointments in order to accommodate your work schedule. Schedule your FREE consultation today.