If you are planning to file for divorce or have recently begun the process of divorce, the subject of alimony may arise. Alimony is a court-ordered payment that one ex-spouse must pay to the other after a divorce. In the past, alimony could be ordered to safeguard each party in a divorce by dividing assets and property fairly. In recent years, the term “alimony” was replaced with spousal maintenance. It can now be awarded to the party that needs financial support to retain the lifestyle they possessed during the marriage.
During a divorce, it can be difficult to discern which party should pay alimony, the type of alimony awarded, the amount paid, and the length of time payments should be carried out. Therefore, it is essential to contact a professional lawyer to understand your rights and obligations and ensure the proper legal processes are followed. At Trapp Law, LLC, our spousal maintenance lawyer, Angela Trapp, has extensive training and experience in family law.
When Is Alimony in Indiana Required?
A judge may grant spousal support in several situations, but the law doesn’t provide exact parameters. However, under specific qualifications, you may get or have to pay spousal maintenance following a divorce or legal separation. There are three situations where a court typically awards spousal maintenance, as follows:
- Disability Support: If the ex-spouse is physically or mentally incapacitated and cannot financially support, the courts may award alimony.
- Caregiver Support: If the ex-spouse has custody and must care for a disabled or incapacitated child and cannot support themselves financially due to the situation, the courts may award alimony.
- Rehabilitation Support: The courts may award alimony if the ex-spouse stayed at home or worked part-time throughout the marriage and now needs financial support. The court will consider education, training, employment, employment opportunities, earning capacity, work experience, skills, length of absence from the job market, if any, and other pertinent details.
The courts will assess many factors and require sufficient reasoning for various claims to determine if and how much alimony will be granted. Since this is the case, it is crucial to receive assistance from a qualified family law attorney. Angela Trap will provide complete and accurate evidence, defend your rights, and guide you with precision and understanding throughout the process. If you require temporary spousal maintenance and qualify on rehabilitation support grounds, she will provide substantial argumentation and proof.
How Much Is Alimony in Indiana?
Unlike other forms of payment determined in a divorce proceeding, such as child support, spousal maintenance is not calculated following a specific formula. Rather, there are many factors that the judge and courts take into consideration when establishing an exact amount. Although the spouses can agree on their own and have it evaluated by the courts, hiring a lawyer at Trap Law, LLC ensures that someone is looking out for the best interest of you and your family. Ultimately, the objective for each party is to maintain a similar standard of living after the divorce.
There are various ways in which alimony in Indiana can be paid out to the ex-spouse. A one-time payment may be appropriate if the paying party is unemployed or does not have steady employment yet possesses considerable assets. However, most spousal support is issued in periodic payments on a short-term or long-term basis, depending on the situation. In addition, the amount can be taken directly from paychecks through an income withholding to ensure payments are made on time. Wage garnishment is convenient for both parties and can prevent awkward conversations and arguments.
If you ever find yourself in a precarious situation where you cannot meet the spousal maintenance support requirement or your ex-spouse is violating a support order, it is beneficial to contact a family law attorney. A violation in this degree can result in severe consequences such as fines, fees, or a jail sentence. However, if financial circumstances have changed, Trapp Law, LLC, can assist in attaining a modification for a spousal maintenance order.
For divorces finalized after 2019, spousal support payments do not count as income for the recipient and they are not tax-deductible for the person paying alimony.
How Long Is Alimony Paid in Indiana?
After learning how much alimony you will receive, the next question is how long you will get it or pay it to your ex-spouse. During family court proceedings, the judge will consider all the facts and make the appropriate determination. Therefore, it’s essential to have an experienced attorney representing you.
If you receive or pay disability or caregiver alimony in Indiana, the length of time depends on the duration of the incapacitation of the ex-spouse or the child. The court may award alimony on a short-term, long-term, or permanent basis. In the case of spousal rehabilitation maintenance, payments can last up to three years. In other cases, Indiana law may go by the traditional rule of one year of alimony per three years of marriage. Furthermore, there are circumstances under which the spousal maintenance order may end altogether.
How Can Trapp Law Assist in Receiving Alimony?
Determining, paying, or receiving alimony in Indiana involves a complicated process, requiring special attention to detail and a keen understanding of family law and spousal maintenance requirements. Our family law attorney, Angela Trapp, can assist and guide you on all aspects of divorce, including spousal maintenance. In addition, if you are in the process of filing for divorce, you should acquire legal representation to safeguard your best interests. The Trapp Law, LLC, offices are open to clients throughout Central Indiana, including Indianapolis, Greenfield, Carmel, and nearby communities.
If you have any questions or concerns or would like to take advantage of a free consultation, contact us to learn more about how you can protect your rights.