Divorce Guide

Divorce Guide

Indiana Divorce Alimony

The Indiana divorce alimony is granted by the court based on two main conditions. A spouse can receive alimony if it is proved to the court that he or she is physically or mentally ‘incapacitated’ to support one’s livelihood alone. If a spouse is found to possess insufficient property assets, the spouse is likely to be awarded with alimony. Another very important decisive factor for announcing alimony is that if in case the receiving spouse has to stay back at home without being employed to take care of his or her child, whose mental or physical conditions can be affected if the parent goes out for work.

In Indiana alimony is termed as ‘maintenance’ and can be awarded to either of the spouses without making any gender based discrimination. The following are some of the important guidelines mentioned in Indiana Code of title 31 in article 15 - chapters: 7 that are taken into account while adjudging granting of alimony.
  • The educational qualifications of both the spouses at the time of marriage and during the time of divorce are considered.
  • The court also verifies whether any of the spouses has faced any interruption in the marriage life while pursuing educational courses or any training programs to increase career opportunities. Generally, it is the wife who has to sacrifice her income generation potentialities in order to carry out with house hold works, child care and such. Under such circumstances, the spouse who has made a considerable contribution for the welfare of the family is granted alimony during divorce.
  • The earning capacity of the couple is another factor that is taken into account while deciding Indiana divorce alimony. The educational background, employment and marketable skills, job experience, any absence during the career and such are clarified by the court while announcing divorce.
  • The duration of Indiana divorce alimony is determined when the receiving spouse is presently attending any training courses and on completion of which one will be able to earn his or her livelihood in future.
Most of the Indiana divorce alimony are temporary in form or awarded for a specific time period. Sometimes, the court can order for payment of alimony temporarily at least during the time of the execution of the divorce procedure. Once a divorce is rewarded, either of the spouse has the right to move to the court and file for reviewing the alimony sum structure. But the modification is done only if it is proved to the court that substantial changes have taken place since the time of declaration of alimony. A spouse can not ask for modification of alimony prior to the completion of at least 12 months from the date of announcement of the alimony

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