Frequent question: How is alimony calculated in Indiana?

How do you determine alimony amount?

The guideline states that the paying spouse’s support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse’s net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

What qualifies for spousal maintenance in Indiana?

Indiana’s Spousal Maintenance Statute: Can I get support after my divorce is final?

  • Physical or Mental Incapacitation. …
  • Child’s Physical or Mental Incapacitation. …
  • The spouse lacks sufficient property, including marital property, to provide for the spouse’s needs. …
  • Rehabilitative Maintenance. …
  • By Agreement.

How long do you pay alimony 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.

What determines if a woman gets alimony?

The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards: The age, physical condition, emotional state, and financial condition of the former spouses; … The length of the marriage; and.

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Can my ex wife go after my new spouse’s income?

If your ex-spouse remarries, the new spouse is not responsible for providing for your children financially, in most cases. In certain situations, however, the new spouse’s income may become part of community property shared with your ex-spouse and be considered in the child support calculation.

Is alimony based on gross or net income?

Alimony serves to help the spouse maintain a comparable standard of living. Alimony calculation uses gross income because this represents the standard of living the parties lived prior to the divorce.

What is a wife entitled to in a divorce in Indiana?

All property of the husband and wife is considered “marital property.” This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, the court does not have to give each spouse one half of the property.

What is the difference between alimony and spousal support?

“Spousal support” is the money that one spouse may have to pay to the other spouse for their financial support following a separation or divorce. It is sometimes called “alimony” or “maintenance.” Spousal support is usually paid on a monthly basis, but it can be paid as a lump sum.

What are alimony grounds?

The court considers various parameters to decide on the amount to be given as alimony, including: income of the spouse(s), their standard of living and financial status. Their investments, net worth, as well as the financial needs of each individual are also taken into account.

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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. … For the first time, courts were expressly authorized to award spousal maintenance.

Is my ex wife entitled to spousal maintenance?

Spousal maintenance can be agreed upon by both parties, but if your ex is unwilling to agree, you can ultimately apply to the court and ask them to consider your case. … If they determine you are indeed entitled to spousal maintenance, they will issue a court order and your ex will be compelled to comply.

Who pays for 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.