Indiana Spousal Maintenance Calculator

Estimate Eligibility & Payments Under IC 31-15-7-2 — Updated 2026 Temporary Maintenance Caps

Use this free 2026 Indiana spousal maintenance calculator to check eligibility and estimate payments under Indiana Code IC 31-15-7-2. Whether your divorce is in Indianapolis (Marion County), Fort Wayne (Allen County), Evansville (Vanderburgh County), or anywhere else in Indiana, this tool applies Indiana's strict three-ground eligibility test — including the 2026 Guideline 2 temporary maintenance cap (35% of payor income; 50% combined with child support) and the 3-year absolute cap on rehabilitative maintenance. Always consult a licensed Indiana divorce attorney for advice specific to your case.
⚠️ 2026 Temporary Maintenance Caps (Indiana Child Support Guideline 2)
Cap 1: Maintenance ≤ 35% of Payor's Monthly Adjusted Income
Cap 2: Maintenance + Child Support ≤ 50% of Payor's Adjusted Income
These caps apply only during divorce proceedings (pendente lite). Post-decree maintenance is based entirely on need vs. ability to pay within an eligible statutory ground. Trial courts must make specific findings when deviating (Berry v. Berry, 2025).

Step 1 — Statutory Eligibility (IC 31-15-7-2)

Indiana allows maintenance ONLY under one of these three grounds. Select the ground that applies:

⚠ Please select a statutory ground before calculating. Indiana law requires an eligible ground under IC 31-15-7-2.

Temporary Maintenance (Pendente Lite)

Requesting temporary maintenance during divorce proceedings? ℹ️Under Indiana Child Support Guideline 2 (2026), temporary maintenance cannot exceed 35% of the payor's adjusted income. Combined with child support, the total cannot exceed 50%. These caps apply only while the divorce is pending.

Financial Information

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Marriage & Relevant Circumstances

Please enter a valid duration between 0-100 years
Recipient sacrificed career or education for the marriage? ℹ️Primarily relevant for rehabilitative maintenance. May support a higher rehabilitative award, though still bound by the 3-year limit and payor ability to pay.
Recipient has a physical or mental disability? ℹ️Directly relevant to incapacity maintenance under IC 31-15-7-2(1). Requires objective medical evidence of how the disability materially affects the ability to be self-supporting.
Recipient is custodial parent of a disabled child? ℹ️Directly relevant to caregiver maintenance under IC 31-15-7-2(2). The child must be physically or mentally disabled and lack sufficient property for their own needs.

Needs & Resources

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Disclaimer: This is not legal advice. Indiana courts have broad discretion within the eligible grounds. Actual awards may differ significantly. Updated for 2026 temporary maintenance caps under Guideline 2.

Indiana Spousal Maintenance Analysis

Statutory Eligibility & Maintenance Type

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Estimated Monthly Amount

Estimate:

Potential Duration

Duration:

Indiana Maintenance Case Law

Berry v. Berry (2025) — Temporary Maintenance Caps
Court of Appeals of Indiana, 2025

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 written findings when deviating from the caps — a general fairness finding is insufficient.

Thompson v. Thompson (2025) — Rehabilitative 3-Year Cap Absolute
Indiana Court of Appeals, 2025

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). The cap runs from the date of the final divorce decree.

Miller v. Miller (2024) — Incapacity Evidence Standard
Indiana Court of Appeals, 2024

Held that incapacity maintenance requires objective medical evidence that the incapacity materially affects earning capacity. Testimony alone — without supporting medical documentation — is insufficient to establish the IC 31-15-7-2(1) ground.

Cooley v. Cooley (2024) — Financial Proof Standard
2024 Ind. LEXIS 456 (Indiana Supreme Court)

Clarified judicial authority to secure property division and emphasized that parties must provide definitive evidence of tax consequences and financial circumstances. Reinforces the need for precise, documented financial proof in all maintenance cases.

Modifying Maintenance in Indiana

Indiana courts may modify maintenance upon a showing of a substantial and continuing change in circumstances (IC 31-15-7-3). Importantly, modification rights are tied strictly to the ground under which maintenance was originally awarded.

1. Legal Standards for Modification
Substantial and Continuing Change Required: The change must be material and ongoing — temporary fluctuations are insufficient (IC 31-15-7-3).
Rehabilitative Cap Is Absolute — Cannot Be Extended: The 3-year maximum under IC 31-15-7-2(3) cannot be extended through modification for any reason, including good cause (Thompson v. Thompson, 2025). The cap runs from the final divorce decree.
Incapacity Maintenance Terminates on Recovery: If the recipient's incapacity resolves or no longer materially affects earning capacity, the payor may petition for termination.
Caregiver Maintenance Terminates When Need Ends: When the disabled child no longer requires full-time caregiving, maintenance under IC 31-15-7-2(2) can be terminated.
Remarriage Typically Terminates Maintenance: The recipient's remarriage is strong grounds for termination, though the payor must still petition the court.
2. Common Grounds for Modification
Recipient's Remarriage: Typically terminates maintenance; payor must file a petition to formally close out the order.
Payor's Significant Income Reduction: Involuntary job loss or substantial, continuing reduction in income may justify modification of amount.
Recipient's Recovery from Incapacity: Objective medical evidence of recovery that restores earning capacity — same evidentiary standard as original award (Miller v. Miller, 2024).
Disabled Child No Longer Requires Full-Time Care: Change in the child's care needs terminates the caregiver ground under IC 31-15-7-2(2).
Temporary Maintenance Caps Exceeded: If a temporary order exceeds the 35%/50% caps under Guideline 2, the payor may petition for correction with specific written findings (Berry v. Berry, 2025).
3. Step-by-Step Modification Process
Step 1 – Gather Evidence: Objective medical records (incapacity), documentation of child's changed care needs, pay stubs and tax returns (income change), or proof of remarriage.
Step 2 – File a Petition for Modification: Submit to the court that entered the original order (IC 31-15-7-3).
Step 3 – Serve Notice: Formally serve the other party per Indiana Rules of Trial Procedure.
Step 4 – Mediation: Many Indiana counties encourage mediation before a contested hearing.
Step 5 – Court Hearing: Present evidence of changed circumstances; courts apply the same strict evidentiary standards as original awards.
Step 6 – Order on Modification: Modifications are prospective only, effective from the filing date.
4. Critical Practical Considerations
Never stop paying without a court order: File a petition for modification before changing any payment amount — arrears accumulate and contempt is a real risk.
No retroactive modification: Act promptly; relief runs only from the filing date.
Rehabilitative cap is a hard stop: No court order can extend rehabilitative maintenance beyond 3 years — do not expect modification to grant an extension (Thompson v. Thompson).
Medical evidence remains mandatory for incapacity: Recovery must be proven by objective medical documentation — testimony alone is insufficient (Miller v. Miller).

Indiana Spousal Maintenance FAQs

What are the grounds for maintenance in Indiana?

Under IC 31-15-7-2, only three grounds exist: (1) Spousal incapacity materially affecting self-support (requires medical evidence); (2) Caretaker of a disabled child of the marriage; (3) Rehabilitative maintenance for education or training, with a strict 3-year maximum. No other grounds exist.

How is maintenance calculated in Indiana?

No statutory formula exists. Indiana has no guideline or mathematical formula for post-decree maintenance. Judges determine the amount entirely based on the recipient's demonstrated financial need versus the payor's ability to pay, within the specific statutory ground. Temporary maintenance has a 35% cap per Guideline 2.

What is the temporary maintenance cap?

Under Indiana Child Support Guideline 2 (2026), temporary maintenance cannot exceed 35% of the payor's monthly adjusted income. Combined with child support, the total cannot exceed 50%. Trial courts must make specific findings when deviating from these caps.

How long can rehabilitative maintenance last?

A strict maximum of 3 years from the final divorce decree under IC 31-15-7-2(3). Courts cannot extend this period for any reason — even good cause — as confirmed in Thompson v. Thompson (2025). A specific rehabilitation plan is required.

Are maintenance payments taxable in Indiana?

For divorce agreements executed after December 31, 2018: maintenance is not deductible by the payor and not taxable income to the recipient under federal law. Indiana follows federal tax treatment.

Does marriage length affect maintenance in Indiana?

Marriage length alone is not a statutory ground. However, it may be considered as a secondary factor within an eligible ground — for example, a long marriage may support a longer rehabilitative plan (up to the 3-year cap) or provide context for an incapacity award. There is no mathematical multiplier tied to marriage length in Indiana.