Alimony and Spousal Support in Indiana

Indiana calls alimony maintenance, and it is limited to three situations: (1) a spouse is physically or mentally incapacitated in a way that materially affects self-support, for the period of incapacity; (2) a spouse lacks enough property to meet their needs and must stay home to care for a child with a physical or mental incapacity; or (3) rehabilitative maintenance, for up to 3 years after the decree, based on each spouse's education, interruptions in education or work for homemaking or child care, earning capacity, and the time and cost of training.

Indiana uses equitable distribution with a presumption of equal division. The court divides all of the spouses' property, including property owned before the marriage and property acquired by either spouse's own efforts or by gift or inheritance, in a just and reasonable manner. An equal division is presumed just and reasonable, but a spouse can rebut it with evidence about each spouse's contributions, whether property was acquired before the marriage or by inheritance or gift, each spouse's economic circumstances (including who will live in the family home with the children), conduct related to wasting property, and earning ability.