What situations could impact the award of spousal maintenance?

On Behalf of | Mar 1, 2022 | Divorce

Spousal maintenance is a payment that one person makes to a former spouse. It occurs under a court order and the discretion of the judge.

The court will consider a variety of factors when determining spousal maintenance. The Indiana Code explains there are some situations that could impact the awarding of support.

General factors

Typical factors the court will consider in every case include the length of the marriage and the earning capacity of each spouse. The court determines each person’s ability to provide financially for themselves. The conditions of the marriage also play into the decision because the court often aims to ensure both parties can maintain the standard of living they had during the marriage.

These factors are typical considerations in all cases, but there are also a couple of special things that could impact the judge’s decision.

Incapacity

If the court rules that one spouse is not able to provide for him or herself financially, that could trigger an award of support. The judge can create the order to last for as long as the conditions last.

Property and child care

The court may also issue an award of spousal maintenance if one spouse does not have property that could provide for his or her financial needs and cannot work because he or she must provide care to your child with physical or mental disabilities. The court will determine the appropriate time for support to continue.

A special situation like this can completely compel a judge to order support even if the general conditions do not make the case for support.

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