Indiana law generally presumes following a divorce each spouse will work and support him or herself after the marriage has ended. However, there are some exceptions, and in these cases, spousal maintenance is granted.
Courts are more likely to grant temporary spousal maintenance during the interim period between when divorce is filed and when it becomes final. This is the provisional period, and temporary maintenance is rather common.
Less common is an award of spousal maintenance after a divorce. In order for the court to award spousal maintenance, the law requires certain criteria, as set forth in Indiana Code 31-15-7-2, to be met. Primarily, the court considers whether the receiving spouse is physically or mentally incapacitated to the extent his or her ability to self-support is materially affected. The court may also consider the spouse's lack of sufficient property to provide for his or her needs, the custody of an incapacitated child requiring him or her to forgo employment as well as the educational level, earning potential and the amount of time necessary to seek and acquire sufficient training/education to become self-sufficient.
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