Legal Question in Family Law in Indiana

Re: maintainance

Indiana generally discourages permanent maintenance. This is distinct from temporary maintenance which covers the period between filing and the finalization of divorce.

Here are the factors the court considers in granting spousal maintenance:

If a spouse is physically or mentally incapacitated, and can't support himself or herself, the court may award alimony during the period of incapacity.

If the spouse is the custodian of a child and can not support himself or herself, the court may award maintenance for as long as the court thinks is appropriate.

Otherwise the court may order spousal maintenance for up to three years, based on considerations of how long it will take the spouse to become self-supporting.

The considerations include the educational level, work history and skills and possibly education expense for vocational training.

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