Indianapolis Spousal Maintenance Lawyers

Three Types of Maintenance in Indiana 

Every situation is different and spousal support can come in three different forms:

• Incapacitation maintenance: This applies when one spouse may have suffered a physical or mental disability that will make it extremely difficult, if not impossible, for their career to ever ramp up to the point where they could achieve the marital standard of living on their own. 
• Rehabilitative maintenance: This type of plan can work when one spouse simply needs some assistance in getting their income-generating capacity rejuvenated. Perhaps a spouse that took time off from an established career. Or maybe some training and education is necessary. Rehabilitative maintenance can consider this and set a reasonable timeframe for this type of spousal support to continue. 
• Indefinite maintenance: Spousal support may need to continue for an extended, undefined period—perhaps permanently—if a spouse is simply unable to get their income up to a sufficient level. Besides incapacitation, this might happen in a divorce where children are grown, and one spouse spent literally decades as a stay-at-home parent. 

The unique factors that exist in every single marriage mean that clients have to rely on their attorney to be alert to all the possibilities that can and should impact the final spousal maintenance agreement. 

Do I Have to Qualify for Spousal Support in Indiana?

In Indiana, spousal support, often called "maintenance," is not automatically awarded in divorce proceedings. The court awards maintenance after considering several factors. These factors include the duration of the marriage, the economic circumstances of each party, the ability of the spouse seeking maintenance to become self-supporting, and their standard of living during the marriage. Maintenance may also be awarded temporarily during the divorce process or permanently in cases where one spouse is incapacitated. It is important to understand that each case is unique, and the court will evaluate the specific circumstances before deciding on spousal maintenance.

Call us at (317) 743-7958 or message our team online to schedule a consultation. Your future is worth fighting for, and we're here to advocate for you every step of the way.

When Does Spousal Support End in Indiana?

In Indiana, spousal support can end under various circumstances, depending on the specifics of the court order. Understanding these conditions can help individuals prepare for future financial planning. 

Below are the primary situations under which spousal support may terminate:

• Expiration of court-ordered duration: Spousal support will end when the time frame specified by the court elapses. Maintenance expiration is standard in temporary maintenance arrangements set for a fixed period.
• Remarriage of the receiving spouse: If the spouse receiving maintenance remarries, their eligibility for spousal support generally ends unless otherwise specified in the court order.
• Death of either spouse: The obligation to pay spousal support typically ends upon the death of either the paying or the receiving spouse.
• Court modification: Either party can request the court to modify or terminate the spousal support order if there is a significant change in circumstances, such as a substantial increase or decrease in income, loss of employment, or a serious illness.
• Self-sufficiency of the recipient: If the receiving spouse becomes self-sufficient before the end date specified in the support order, the paying spouse can request a court review to end the spousal support.
• Cohabitation with a new Partner: Courts may consider ending or modifying spousal support if the receiving spouse begins cohabitating with a new partner in a manner that suggests financial dependency.

These points illustrate that spousal support arrangements are not always permanent and are subject to review and modification based on changes in circumstances.

Benefits of Working with a Spousal Support Attorney

Navigating the complexities of spousal support can be challenging, making professional legal guidance invaluable. A spousal support attorney brings vital knowledge and experience to your case, ensuring you understand your rights and obligations. 

Your attorney will assist you in many areas, including: 

• Legal advice: Attorneys provide advice tailored to your unique situation, helping you make informed decisions.
• Financial documentation: They assist in gathering and presenting the necessary financial documentation.
• Advocacy during negotiations: Attorneys advocate on your behalf during negotiations to protect your interests.
• Court representation: If needed, they represent you in court to argue your case effectively.
• Insight into legal precedent: Attorneys offer insights into how the court might view your case based on precedent and local laws.

By having a dedicated legal professional in your corner, you can navigate the divorce process with greater confidence and clarity, reducing stress and helping you focus on your future.

Contact the Spousal Maintenance Lawyers at Law Offices of Eugene Mogilevsky Today

Securing your financial future doesn't have to be daunting. At Law Offices of Eugene Mogilevsky, our experienced spousal maintenance lawyers guide clients through every aspect of their spousal support cases. Whether you are seeking support or facing an obligation to pay, we offer personalized attention and professional experience. Spousal support is vital to the financial stability of many individuals post-divorce. With a deep understanding of Indiana's spousal support laws and a commitment to personalized service, we're dedicated to securing the best possible outcome for your situation. Whether you are seeking maintenance, contesting an obligation, or requesting modifications to an existing order, our attorneys provide the guidance and representation you need. Take control of your financial future with confidence. 

Call the Law Offices of Eugene Mogilevsky, LLC today at (317) 743-7958 or contact us online to set up a consultation.