“Alimony” is a somewhat old-fashioned term that refers to a payment or series of payments from one spouse to another after divorce to provide the receiving spouse with income in addition to what they receive through the property division process. Today, most states use terms such as “spousal maintenance” or “spousal support” instead of “alimony,” but the basic concept still exists, and is still an important feature of many divorces.
Most commonly, spousal maintenance applies in cases involving one spouse who earned significantly more than the other. In these cases, after divorce, the lower-earning spouse is at a financial disadvantage. They may need to go back to school or get other training before they are able to get a job that will allow them to become financially independent. The
Indiana law
Indiana spouses are free to make spousal maintenance part of their settlement when they resolve a divorce out of court. However, if the court must resolve the divorce, it can be difficult to receive spousal maintenance.
Indiana state law limits court-ordered spousal maintenance to cases involving certain conditions. For instance, a court may order maintenance if one spouse is disabled and unable to earn a living. Likewise, maintenance may be deemed necessary if one spouse must take care of a disabled child.
In other cases, a court may order spousal maintenance for up to three years if it determines one spouse needs time to get the training and education they need become financially independent. This is sometimes known as rehabilitative maintenance.
With either type of maintenance, one party can request a modification to the court order after a substantial change in circumstances.
