Alimony or spousal maintenance is defined as payments that are paid in regular, cyclical installments from one ex-spouse to another. Such payments are generally associated with divorce or legal separation. As part of the divorce proceeding, the judge may determine that one party should pay the other monthly support. These payment amounts help to cover basic necessities such as food, clothing, and shelter and are separate from any payments made for child support due to circumstances of child custody. They may help the recipient become financially stable after the divorce or separation. This is especially common in cases where one party was very dependent on the other for living expenses.
How Do You Qualify for Alimony?
In Indiana, to be eligible for alimony, spouses must have been legally married. Alimony is decided either by a agreement between the spouses or by the court. Once the petitioner requests alimony during the divorce proceeding, the court looks at different factors to determine whether the petitioner should receive alimony as a part of the divorce.
How Much Alimony Can You Receive?
In Indiana, courts can offer indefinite alimony or temporary alimony. Indefinite alimony is ordered by the court if the judge determines that a spouse is physically or mentally incapable to support his or herself and alimony is needed for a extended or permanent period of time. The court can grant temporary alimony after these factors are considered:
- Financial resources of the parties
- Education level of the spouse and earning capacity
- Length of the marriage
- Ability of receiving spouse to meet his or her needs
- Job occupation of both spouses
- The couples standard of living during marriage
- Earning capacity of both spouses
How Long Does Alimony Last?
Alimony or spousal support is paid until the other spouse has a way to support himself or herself. If the agreement made does not have a termination date, the payments must continue to be paid until the court decides that no payments are required. Usually spousal support comes to an end when the other spouse has developed enough skills to support himself or herself or remarries. Alimony payments can always be modified depending on the paying spouses ability to make the payments. In Indiana, like in many other states, alimony ends when the spouse receiving alimony remarries.
How Do You Petition for Alimony?
In Indiana, alimony is requested during the divorce proceeding. When you file for divorce, you must also petition for spousal support and maintenance or alimony. Alimony is not a given in a divorce case. Once it is requested by a spouse, the court will look at different factors to determine whether the petitioner should receive alimony as a part of the divorce.
Getting a divorce and requesting alimony can be a complicated process and you may need assistance from a experienced divorce or family lawyer. Your lawyer can help you file a request for alimony, termination of alimony, or other types of requests. A qualified attorney in your area can provide you with the legal assistance that is needed to finalize your case.
Where Can You Find the Right Lawyer?
Every state has different alimony laws. You may wish to a local Indiana family lawyer to help you file and petition for alimony or spousal support. Your attorney can explain how the laws in your state may apply to your case.