“My dedication to client service and results-driven performance is the backbone of my firm.” – Attorney David C. Frangos

Indiana Spousal Support And Maintenance Lawyer

Indiana law limits court-ordered spousal maintenance after a divorce to a few defined situations, so a spouse who earns less does not automatically receive payments. Many people call this support alimony, while the Indiana statutes use the term maintenance. This page explains the types of maintenance, how judges decide requests and how long awards last.

At Frangos Legal, LLC, we guide spouses through the process of requesting or defending against maintenance claims. Attorney David C. Frangos leverages three decades of legal practice and firsthand business ownership experience to analyze complex income sources like corporate commissions and self-employment earnings. He outlines the legal standards in clear language and gives clients a straightforward assessment of their case strengths from the start.

Spousal Maintenance At A Glance

These points outline the basics of Indiana spousal maintenance:

Three categories: Courts generally award post-divorce maintenance only for incapacity, caregiver duties or rehabilitation.
Time limit: Rehabilitative maintenance lasts up to three years.
During the case: A court can order temporary support while the divorce is pending.
Taxes: Under federal law, maintenance under a decree finalized after 2018 is not deductible for the payer or taxable to the recipient.

The sections below describe each category, the evidence a judge reviews and the practical issues that follow an award.

The Three Types Of Spousal Maintenance In Indiana

Indiana courts generally grant post-divorce spousal maintenance under three strict legal categories: incapacity, caregiver and rehabilitative maintenance. Each category carries its own legal requirement:

Incapacity maintenance: A court may award it when a spouse’s physical or mental incapacity has a material effect on that spouse’s capacity for self-support, and the award runs while the incapacity continues, subject to a later court order.
Caregiver maintenance: A court may award it to a spouse whose property does not cover personal needs and who must pass up employment to look after a child with a physical or mental incapacity.
Rehabilitative maintenance: A court may award it for up to three years so a spouse has time and financial backing to obtain education, job training or a return to the workforce.

A spouse who does not fit one of these categories usually cannot obtain a court-ordered award after the decree. Spouses who settle can agree to different terms, and the court can approve them.

How Courts Decide Spousal Maintenance Requests

A judge decides each maintenance request on its own facts, starting with whether the spouse fits one of the three statutory categories. For rehabilitative requests, the statute directs the court to look at the following:

Each spouse’s level of schooling on the wedding date and on the day one spouse filed for divorce
Whether the spouse asking for maintenance paused employment, schooling or vocational training because of household management or child-rearing duties
Each spouse’s earning capacity, including their employment history, along with time away from the active labor force
The expense and length of schooling or training the spouse seeking support would need to qualify for suitable work

In incapacity claims, medical evidence counts most, since the court must find that the spouse’s condition has a material effect on the ability to work. Documents such as tax returns, pay records, medical records and training costs carry the most weight, so gathering them early helps both the spouse who asks for support and the spouse who opposes it.

How Long Spousal Maintenance Lasts

A court can order rehabilitative maintenance for no more than three years, counting from the date it enters the final decree. Incapacity maintenance stays in place while the incapacity exists, and the court may change the award by a later order. Caregiver maintenance lasts for the period the court finds necessary. Court-ordered maintenance generally ends if the receiving spouse remarries or either spouse dies.

Temporary Support And Tax Treatment

During the divorce case, an Indiana court can order temporary spousal support and that support ends once the court issues the final decree. Temporary orders cover living expenses during the case but do not predict the final outcome.

Federal tax rules work differently for a decree finalized in 2019 or later. The spouse who pays maintenance cannot deduct it, and the spouse who receives it does not report the payments as income. Spouses who settle should have a lawyer review any agreed terms before signing, because a written agreement may be harder to change than a court award.

Discuss Your Maintenance Case With Our Attorney

Maintenance claims depend heavily on medical records, work history and retraining costs. Early preparation shapes the evidence a judge reviews. Attorney David C. Frangos assesses the financial picture for spouses on either side of a support request. Reach out to Frangos Legal, LLC, at 317-348-2150 or use our online form to schedule an initial consultation.