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DCrane, Lawyer
Category: Family Law
Satisfied Customers: 25285
Experience:  Experienced practitioner.
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Is it possible to get alimony in Indiana if you get divorced I

Customer Question

Is it possible to get alimony in Indiana if you get divorced?I have only been married 5 yrs and I feel like I lost everything marrying him. He immediately forced me to quit my job, he filed bankruptcy and I went on disability. He brags that since we dont have children together-I get nothing. I feel like I lost so much. He has an excellent utility job and gets a monthly check from the military for his suppossed "disabilities". Because he gets 40% rating, he was able to put me and my college student daughter on it to get more. Do I walk with nothing?
Submitted: 6 years ago.
Category: Family Law
Expert:  DCrane replied 6 years ago.

Your husband is mistaken.


A court may order alimony if it finds that:

(a) a spouse is physically or mentally incapacitated, to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected,

(b) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; or

(c) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment.

Indiana laws allow the court to consider the following factors when determining an award of alimony:

(A) the educational level of each spouse at the time of marriage and at the time the divorce is filed;

(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;

(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and

(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.

A court may award rehabilitative alimony if necessary, in an amount and for a period of time that the court considers appropriate, but not to exceed 3 years from the date of the final decree.


-From 31-15-7-2 of the Indiana Code.

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Customer: replied 6 years ago.
I was workingt on my Bachelors Degree and I was forced from school by him. I also had to get lots of student loans because of his income. He couldnt help me because he was paying high child support for two previous children. His actual income tripled over our 5 year marriage. He forced me to quit my job and I lost my tenure and pay rate when I returned part-time to the same job last year. How hard do I have to fight to be compensated for all he has taken?
Expert:  DCrane replied 6 years ago.
You would not have to "fight" that hard at all, you would just need to petition the court for an alimony award as part of the divorce proceedings, the court would then go through the analysis of what is owed to you.

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