Legal Question in Family Law in Indiana
Spousal Support
If I married a disabled husband who was born disabled and has always been disabled. Am I required by law to support (maintain) him for the rest of his life if we divorce?
If he declares himself mentally incapacitated to attain more money, what typy of life must he live? Does he need to have a care giver or guardian appointed to him, would he have to be institutionalized or seek professional help? Would he be allowed to continue living on his own at my expense?
1 Answer from Attorneys
Re: Spousal Support
It is conceivable that one spouse will always have an obligation to support a disabled spouse. However, the Court will take into account any income the disabled spouse is entitled to before requiring the other spouse to contribute to the costs and expenses. Technically under the law if a spouse is disabled, unable to work to support himself and does not have sufficient means of income to support himself, then permanent maintenance may be awarded. There is no specific requirement that the person be institutionalized, completely destitute or even completely prevented from having a life - merely that his particular physical or mental illness prevents his ability to be self-supporting.
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