Finances are one of the primary worries for people as they are getting divorced in Indiana. In a family where only one of the spouses earned a living, the Court may order the the monied spouse to pay spousal maintenance. The spouse who was either a homemaker or didn’t have a job due to a disability or raising a child with a disability, could be owed spousal maintenance.
The amount is frequently in dispute. So too is the duration. Spousal maintenance is ordered in very limited circumstances and generally will be paid for a limited time. The most common basis for spousal maintenance is a rehabilitative maintenance order. It is important to understand what that means and entails as the case proceeds.
Know the details of rehabilitative maintenance
Rehabilitative maintenance will provide the receiving party with financial support so they can make ends meet while getting back into the work force and/or while receiving education and training to support themselves. The court will consider various factors when deciding on this type of support, its amount and how long it lasts.
Being outside the job market for an extended period will inhibit a person’s opportunities. Rehabilitative maintenance is meant to give them the training and schooling to bridge that chasm and garner skills to support themselves without help from the former spouse. The job market will also be assessed. The court can decide how long rehabilitative maintenance will last, but it will not go beyond three years from the decision.
Spousal maintenance is a key part of a divorce
It can be difficult for people who were not in the workforce or were limited in their education and training to get up to speed when they need to support themselves. The goal of rehabilitative maintenance is to give them time so they can self-support.
Still, despite its relatively limited duration and the clear reason for it being awarded, there might still be discord between the sides as to how much will be paid and for how long. Both sides should have a grasp of this aspect of family law, know how to present their point of view and be prepared for their case.
