Estimate Eligibility & Payments Under IC 31-15-7-2 | Updated Temporary Maintenance Caps
Indiana law allows maintenance ONLY under one of these three grounds:
Selected Ground: None Selected
Estimate: $0.00
Duration: Varies
Reinforced that temporary maintenance is subject to the 35% cap under Guideline 2 and cannot exceed 50% when combined with child support. Trial courts must make specific findings when deviating from the cap.
Confirmed that the 3-year maximum for rehabilitative maintenance is absolute and cannot be extended even for good cause, reaffirming IC 31-15-7-2(3).
Held that a request for incapacity maintenance requires objective medical evidence; testimony alone is insufficient to prove a material effect on earning capacity.
Clarified judicial authority to secure property division and emphasized that parties must provide definitive evidence of tax consequences; the ruling reinforces the need for precise financial proof in maintenance cases.
Under IC 31-15-7-2, only three grounds: (1) Spousal incapacity (medical evidence required), (2) Caretaker of a disabled child of the marriage, (3) Rehabilitative (education/training, max 3 years). No other grounds exist.
IC 31-15-7-2 (2026)
No statutory formula exists. Indiana has no guideline or formula for post-decree maintenance. Judges consider need vs. ability to pay, plus the specific statutory ground. Temporary maintenance has a 35% cap per Guideline 2.
Under Indiana Child Support Guideline 2, temporary (pendente lite) maintenance cannot exceed 35% of the payor's weekly adjusted income. If the payor also pays child support, the combined total cannot exceed 50% of adjusted income. This cap applies only during the divorce proceedings.
Indiana Child Support Guideline 2 (2026)
Maximum 3 years from the final divorce decree. Indiana courts strictly enforce this cap and cannot extend it, regardless of circumstances (Thompson v. Thompson, 2025).
IC 31-15-7-2(3)
No. For any divorce agreement executed after December 31, 2018, maintenance is not deductible by the payor and not taxable to the recipient, per the Tax Cuts and Jobs Act. Indiana follows federal treatment.
Marriage length alone is not a statutory ground. However, it may be a secondary factor within an eligible ground (e.g., a long marriage may support a rehabilitative plan). No mathematical multiplier exists.