Understand Eligibility & Estimates Under Indiana Code IC 31-15-7-2
Indiana law allows maintenance only under one of these three grounds (IC 31-15-7-2):
Selected Ground: None Selected
Legal Basis: Indiana Code § 31-15-7-2
Note: If no statutory ground applies, a court cannot order maintenance regardless of other circumstances.
Guideline Estimate: $0.00
Key Considerations: Needs vs. Ability to Pay
Indiana has no statutory formula. This estimate is based on common judicial considerations of financial need, ability to pay, and the specific circumstances of the eligible ground.
Estimated Duration: Varies by Ground
Indiana Statute: IC 31-15-7-2
Incapacity: Duration of the incapacity.
Caregiver: Period court deems appropriate.
Rehabilitative: Maximum of 3 years from final divorce decree.
Illustrates that even maintenance terms within a marital settlement agreement are subject to court modification upon a substantial and continuing change in circumstances, reinforcing judicial oversight of maintenance obligations.
A maintenance award for an incapacitated spouse was significantly reduced by the appellate court when the payor's financial and health circumstances substantially deteriorated after the divorce, demonstrating the ongoing analysis of "ability to pay."
A request for incapacity maintenance requires strong medical evidence. Testimony alone, without supporting medical documentation or expert opinion, is often found insufficient to meet the statutory burden of proving a material effect on earning capacity.
While not a maintenance case, this 2024 decision clarifies that judges have broad authority to secure property division payments (e.g., with life insurance) and that parties must provide definitive evidence of tax consequences when requesting they be considered, highlighting the court's focus on evidence and finality in financial orders.
Per Indiana Code § 31-15-7-2, a court may only order maintenance if it finds one of three statutory grounds:
If none of these grounds are met, the court cannot order maintenance, regardless of income disparity or marriage length.
Indiana Code IC 31-15-7-2
Indiana does not use a fixed mathematical formula (like the child support guidelines) to calculate maintenance.
If a statutory ground is met, the judge has broad discretion to decide a fair amount based on evidence presented, primarily considering:
Other factors like the standard of living during the marriage may be considered secondarily.
Indiana Code IC 31-15-7-2
Marriage length is not a direct statutory ground for maintenance in Indiana. A court cannot award maintenance solely because a marriage was long.
However, the duration of a marriage may be a secondary factor a court considers within one of the three eligible grounds. For example:
Indiana Code IC 31-15-7-2
Federal Tax (Current Law): Under the Tax Cuts and Jobs Act of 2017, for any divorce or separation agreement executed after December 31, 2018, maintenance payments are NOT deductible by the payor and are NOT taxable income for the recipient.
Indiana State Tax: Follows the federal treatment.
Key Exception: For agreements finalized on or before December 31, 2018, the old rules may apply (deductible for payor, taxable for recipient). Always consult a tax professional.
IRC §71, Tax Cuts and Jobs Act of 2017
Indiana law exclusively uses the term "spousal maintenance" or simply "maintenance." "Alimony" is a more general term not found in the Indiana Code.
The key distinction in Indiana is that "maintenance" is strictly defined and limited to the three statutory grounds mentioned above. It is not a general right arising from divorce but a specific remedy for proven need under the law.
Indiana Code IC 31-15-7-2