If you and your spouse both earn a living, you may assume that alimony (spousal maintenance in Indiana) is completely off the table. But in divorce, financial independence is not automatic.
Simply being employed does not grant immunity from paying alimony, nor does it disqualify you from receiving it. Courts look far beyond the employment status line.
Not only for the unemployed
The main issue in spousal maintenance is not the existence of a job, but the disparity in income and earning capacity. Courts examine who has the higher earning capacity and who needs time to catch up financially.
Two jobs often do not mean two equal incomes. One spouse may earn significantly less than the other, or may have sacrificed their career for the family’s benefit, such as raising children or supporting the other spouse’s education. Judges will focus on balancing the financial results of the marriage.
The goal is to ensure the lower-earning spouse can maintain a lifestyle reasonably similar to the one enjoyed during the marriage. This does not always mean equal amounts, but it does mean that a significant gap in income can trigger a support order.
Three specific criteria
If you live in Indiana, courts may authorize spousal maintenance in three specific situations:
- Incapacity maintenance: One spouse is physically or mentally incapacitated, which materially affects their ability to support themselves.
- Caregiver maintenance: One spouse lacks sufficient property to meet their needs and is the custodian of a child whose serious incapacity requires them to forgo employment.
- Rehabilitative maintenance: One spouse needs support to become self-sufficient after interrupting their career for homemaking or childcare responsibilities.
Courts may order rehabilitative maintenance, even when both spouses work, if one person puts their career on hold for the sake of the family.
Proving a need for rehabilitative support
To decide on a rehabilitative award, judges consider several critical factors:
- Educational history: The education level of each spouse at the time of the marriage and at the time the divorce begins.
- Career interruption: Whether one spouse interrupted their education or employment to handle homemaking or childcare duties.
- Earning capacity: The current and future earning potential of both spouses, including work experience and time out of the job market.
- Time and expense: The time and money necessary for the spouse to get the training or education needed for appropriate work.
This documentation can help show how your role in the marriage affected your current income potential compared to your spouse’s. If awarded, this type of support cannot exceed three years from the date of the divorce decree.
Never go at it alone
Your financial stability deserves protection, your contributions to the marriage deserve recognition and your future deserves proper planning. When divorce is looming and alimony is a potential point of contention, it is crucial to seek clarity before proceeding. The right advice at the right time often proves invaluable, while the wrong approach can cost years of financial security.
