Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances.
Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser earning spouse is disabled or unable to return to work for other reasons.
Whether spousal maintenance is permanent or temporary, parties may request modification or even termination when there is a material change in circumstance, such as remarriage. However, the 1994 Indiana Court of Appeals case of Roberts v. Roberts was clear in establishing the fact that spousal maintenance is not automatically terminated upon remarriage. There still needs to be proof presented by the moving party that the marriage means a significant change in the former spouse’s ability to support himself or herself.