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I have a friend residing in Zionsville, IN, and she is so happy to be ending a marriage she is not even thinking of requesting spousal support. She is a stay at home mother over the last 12 years, married for 14, taking care of 2 sons full time. Doesn't Indiana recognize her right to spousal support in addition to child support?

Submitted: 750 days and 10 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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zionsville, Indiana

Accepted Answer

Hello and welcome to Just Answer.

There is no alimony in Indiana. However, spousal support can be awarded if certain conditions are met:

From Indiana Code 31-15-7-2:

"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. " Click here for more information.

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Answered: 11/1/2007

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750 days and 9 hours ago.

Reply

Thank you, XXX. X am reading that interruption of employment as a result of homemaking/child care responsibilities AND the length of time absent from the job market may apply to my friend for maintenance. I am in California so really am concerned for her!! Here, if you have school age children and have stayed at home with them, spousal support is provided until the last child is up and out. Some acquaintances will receive spousal support until they die or remarry. What's up with Indiana?

Posted by NOT LEGAL ADVICE! 750 days and 9 hours ago.

Info Request

I am in California as well. As you know, the legislature in this state is fairly liberal. Mind you, your friend may be eligible for spousal support if she meets the criteria stated previously.

 

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