Family Law
Your Trusted Spousal Support Attorney in Indiana
What Does Indiana Law Actually Say About Support After Divorce?
Many people enter a divorce expecting something called alimony — a word that carries a lot of assumptions. Indiana does not use that term. What Indiana law provides is spousal support, and while the concept is similar, the rules governing who qualifies, for how long, and in what amount are specific to Indiana statute.
Whether spousal support becomes part of a divorce settlement depends on several key factors: the length of the marriage, the financial ability of one spouse to pay, and the earning capacity of the spouse seeking support. Two spouses who worked throughout the marriage and earned comparable incomes with individual retirement plans will generally not qualify for spousal support. A stay-at-home parent with limited marketable skills and no independent pension, on the other hand, will very likely receive support if the marriage lasted at least ten years.
Ziemer & Ziemer represents clients on both sides of spousal support disputes in Indiana divorce cases — whether seeking support or contesting an unreasonable demand.
Our Approach
How Ziemer & Ziemer Handles Spousal Support Cases
Understanding Which Type of Support Applies
Temporary spousal support is awarded during the period between separation and the final divorce decree. Its purpose is to allow the receiving spouse to maintain a reasonable standard of living while the case is pending. It ends when the divorce is finalized.
Rehabilitative spousal support is designed to give a spouse the time and financial footing to become self-sufficient, whether through job training, completing a degree, or re-entering the workforce after an extended absence. This type is set for a fixed period and ends when that period expires.
Permanent spousal support is awarded for the life of the receiving spouse or until remarriage, whichever comes first. In some cases, depending on the terms of the final decree or a court ruling, support obligations may continue even after remarriage.
Reimbursement spousal support addresses financial contributions one spouse made during the marriage that benefited the other. A spouse who worked to put the other through college or professional school, for example, may be entitled to reimbursement for those expenses as part of the divorce settlement.
Building the Right Argument for Your Situation
What Indiana Courts Consider When Parents Cannot Agree
- The child’s age and any expressed preferences
- Which parent assumed primary caregiving responsibility during the marriage
- Each parent’s work schedule and availability
- Each parent’s physical and emotional capacity to parent
- The strength of the child’s emotional bond with each parent
- Whether either parent is attempting to use the child as leverage against the other
- Whether either parent is unfit to raise the child
- Whether either parent is attempting to undermine the child’s relationship with the other parent
WHY NOT GO IT ALONE
Can Spouses Work Out Support on Their Own?
Spouses can agree on spousal support terms as part of a broader settlement, and courts will generally approve agreements both parties sign. The risk is that without legal counsel, one spouse may agree to terms that do not reflect what Indiana law would actually award — or may unknowingly waive a right to support they were entitled to receive.
Spousal support decisions connect directly to property division and retirement account distribution. Giving up ground in one area often affects the other. Having an experienced attorney review the full financial picture before any agreement is signed protects against outcomes that are difficult or impossible to reverse once the court enters the decree.
WHY ZIEMER & ZIEMER
