The issue of spousal maintenance raises a lot of questions and often creates a great deal of confusion for individuals going through a divorce. Unlike child support, which is framed by much clearer guidelines, spousal support can often be a somewhat amorphous subject, with outcomes left largely to the discretion of a judge.
Spousal maintenance in Indiana is primarily governed by I.C. 31-15-7. Under this provision of the Indiana Code, spousal maintenance may be granted under three circumstances:
- The spouse requesting maintenance is limited in their ability to provide for themselves due to physical or mental incapacity; I.C. 31-15-7-2(1)
- The spouse lacks sufficient property to provide for themselves and the spouse has custody of a child with physical or mental challenges which require the spouse to refrain from working; I.C. 31-15-7-2(2)
- The spouse requires “rehabilitative maintenance” for a period of time (not to exceed three years), in order to gain the training or education necessary to reenter the workforce after an extended absence resulting from homemaking and/or child care responsibilities. I.C. 31-15-7-2(3)
The typical manner in which spousal maintenance comes into play will be under subsection 3, the “rehabilitative maintenance” section. This provision was meant to provide a temporary, post-dissolution foundation for a spouse who has either been out of the job market for an extended period of time, or has otherwise been unable to fully develop skills that would be attractive in the job market. Often this situation comes about when, over the course of years in a marriage, one spouse has focused primarily on maintaining the home and rearing children, while the other spouse has remained in the workforce and been the primary breadwinner for the family. Under such a circumstance, there is a possibility that the non-working spouse may lack the financial, educational, and vocational resources to support themselves or be competitive in the job market.
The spousal maintenance law in Indiana seeks to address this challenge by giving the court discretion to order maintenance for deserving parties, so that they can have the support they need while they obtain required education, skills or training. However, the law also recognizes that there should be a reasonable limit to this support. Therefore, an individual under these circumstances is only eligible to receive maintenance for a maximum of three years, which would appear to be adequate time for an individual to obtain the training and skills necessary to better their position in the job market. It should be noted that the three-year cap is only the maximum set under the law; it does not require the court to award that length of time. A judge may order spousal maintenance for a shorter period of time.
Spousal maintenance may be an option for a party in a dissolution of marriage matter, but a judge’s decision on this matter will depend heavily on the specific facts of the situation. If you are facing a divorce and wondering about issues such as spousal maintenance, child custody, or child support, you should consider speaking with an experienced family law attorney to discuss your matter in detail. Â
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
