In Indiana, there is no “alimony.” However, spousal support is similar to what people think about alimony. Whether you or your spouse is entitled to spousal support depends on the length of the marriage, the financial ability of a spouse to pay spousal support and the earning capacity of the other spouse
If you have been involved in a long term marriage where both people worked making comparable incomes and pension plans, neither spouse will be eligible for spousal support. On the other hand, a stay at home mom with no marketable skills or individual pension plan will probably receive spousal support if the marriage lasted at least 10 years.
I represent clients on both sides of spousal support situations. You may hear of following types of spousal support:
- Temporary spousal support is given so that the spouse can maintain his or her lifestyle during the time between separation and divorce.
- Rehabilitative spousal support is given so that a spouse can “rehabilitate” themselves, meaning finding a job or education to become more self-sufficient. This type of spousal support is set for a fixed period of time.
Permanent spousal support is given for the life of the divorced spouse or remarriage, whichever occurs first. This type of support may sometimes continue after a remarriage, depending final divorce settlement or the court’s ruling.
- Reimbursement spousal support reflects the amount one spouse paid for certain expenses they incurred during the marriage. For example, if you helped put your spouse through college by working, you may be able to receive reimbursement for this expense.
