Question: When Do You Have To Pay Alimony In Indiana?

Is alimony mandatory in Indiana?

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited. That article may answer some of the other questions you may have about divorce in Indiana.

How long do you have to pay spousal support in Indiana?

If the court believes that you meet the requirements for rehabilitative maintenance, the judge can order support payments for up to three years.

Do you have to pay spousal support in Indiana?

Ironically, however, Indiana law does not recognize alimony or spousal support. Although, Indiana lawmakers recognized that there can be inconsistencies in the division of property during a divorce, and instead, codified what is known as “spousal maintenance.” IC 31-15-7-0.3.

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What are the conditions for alimony?

Requirements for Alimony Payments Payments are made under a divorce or separation instrument to a spouse or former spouse. The instrument must specify payments as alimony. The spouses must live apart. There’s no liability to make alimony payments after the recipient spouse dies.

How does adultery affect divorce in Indiana?

Adultery Laws in Indiana Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.

Who pays for a divorce in Indiana?

Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions.

Do both parties have to sign divorce papers in Indiana?

You can get a divorce even if your spouse does not want it. Once the court issues a Decree of Divorce, you are considered divorced. Your spouse’s consent is not necessary.

How is spousal support calculated in Indiana?

Many states use a specific formula to calculate spousal maintenance payments, but that is not the case in Indiana. There are no guidelines for calculating spousal maintenance in this state. Instead, family law judges are given the authority to order payments in any amount that they believe is appropriate.

Can you sue for alienation of affection in Indiana?

It has been abolished in most jurisdictions, including Indiana. Despite the fact that alienation of affection claims are no longer allowable in Indiana, infidelity may still have some impact on an Indiana divorce, depending on the circumstances.

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What can you not do during a divorce?

What Not To Do During Divorce

  1. Never Act Out Of Spite. You may feel the impulse to use the court system to get back at your spouse.
  2. Never Ignore Your Children.
  3. Never Use Kids As Pawns.
  4. Never Give In To Anger.
  5. Never Expect To Get Everything.
  6. Never Fight Every Fight.
  7. Never Try To Hide Money.
  8. Never Compare Divorces.

Can you date while separated in Indiana?

In Indiana, unlike some state, the mandatory waiting period from the date of the filing of the divorce petition until the divorce can be final is sixty (60) days. That doesn’t mean that all divorces can be finalized in 60 days, but it does mean that, for most people, you only have to wait a few months to start dating.

Does it matter who files for divorce first in Indiana?

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.

Does wife get alimony if she cheated?

Cheating does not affect spousal support awards in California. In this state, a dependent spouse can have a one night stand or a full-blown affair and it will not reduce or eliminate their ability to receive alimony. Spousal support can be awarded during and after a divorce; however, it is not automatic.

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Do you have to pay alimony if your spouse refuses to work?

A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support.

How do you figure out alimony payments?

Common methods for calculating spousal support typically take up to 40% of the paying spouse’s net income, which is calculated after child support. 50% of the recipient spouse’s net income is then subtracted from the total if he or she is working.

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