Spousal support, once a critical aspect of any divorce case, has waned in recent years as both spouses often work outside the home and contribute somewhat equally to the financial stability of the household. Where husbands once were always required to pay spousal support – and often for many years after the divorce – it’s not so common these days. When it is approved, it’s often for a finite period of time.
Indiana Code 31-15-7-2 specifies the the circumstances under which spousal support can be awarded in Indiana. Most often, spousal support is awarded during the provisional period of the divorce, which is after the filing for divorce but prior to its finalization. ]However, it may also be awarded when:
One spouse lacks sufficient property to meet his or her needs and/ or the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forego employment. The court will consider the educational level of each spouse, whether family responsibilities resulted in an interruption in education/ training or employment, the earning capacity of each spouse and the time and expense needed for the lesser-earning spouse to acquire sufficient education or training. Continue reading