The mere idea of filing for divorce is a difficult concept for most people. We all want a happy marriage, and many people stay in marriages in hopes it will get better, out of fear of the unknown in the post-divorce future, or, commonly, for their children. In other cases, people must stay married for basic reasons, such as insurance coverage if he or she has a chronic condition and would lose coverage and be unable to get care and ... Read More
09
May2018
28
Dec2017
From time-to-time, we all hear news stories about large weekly or monthly alimony awards provided to a spouse during and following divorce. The point behind alimony is to maintain that spouse and/or children in a lifestyle similar to what they had been living after a divorce is final. However, every state has different divorce laws and policies, including Indiana. This blog covers what you need to know about “alimony” at and after a divorce in Indiana.
As an initial matter, you should know that Indiana ... Read More
08
Dec2017
In today’s digital world with global work and play, people from different cultures, backgrounds, and ages marry. In many cases, there are significant differences in net worth, age, and business ownership. For this reason, some couples choose to enter into pre-marital agreements under Indiana’s Uniform Pre-Marital Act.
A prenuptial is a document or series of documents, that specifies what a divorce court is to do in divorcing the parties in a divorce filing when separating their assets and liabilities. This blog addresses legal issues you ... Read More
31
Oct2017
Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance.
Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3) years when a spouse needs extra support while obtaining employment-related education or training.
There are four (4) considerations the trial court considers in making such an award:
... Read More
20
Apr2016
What They Are and Why They Matter to You
Everyone that has been divorced, ended a relationship, or has had any contact with a divorcing person knows divorces are difficult to impossible for several reasons. At the most basic level, a divorce reflects love and hate and conflict and uncertainty for the future.
This blog post explores the most common dynamics in divorce so you can identify it and be aware of such in your divorce or that of a friend, family member or for general educational purposes. The ... Read More
11
Nov2015
Strictly speaking, Indiana is not an alimony state. The term used in legal terms is “maintenance.” Understanding these will help you be a more informed citizen and help your lawyer ask for temporary orders and a final divorce in a way that best meets your needs and is just and equitable.
The first type of maintenance is that the court can award during the pendency of a divorce proceeding when the case is undeveloped for what is fair ultimately order; temporary maintenance for household expenses is very vast and ... Read More
14
Aug2014
In any custody case, either divorce or paternity, where there are minor children, generally the non-custodial parent is ordered to pay a weekly child support amount (there may be some rare circumstances where the custodial parent pays, or no child support is ordered). However, what happens after the court order is issued, and the parent obligated to pay STILL does not pay? These are 5 common tools used to collect child support.
1. Contempt.
File a contempt action for non-payment. This often results in a court order ... Read More
15
May2014
In Indiana, there is no statute or provision for “alimony”. Whereas in other states, a spouse may receive alimony payments after a divorce or legal separation as a type of allowance for support or to maintain a lifestyle, Indiana does not recognize this. However, there are some limited circumstances where a former spouse may be awarded money due to certain conditions/circumstances. In Indiana, this is called spousal maintenance1.
Spousal maintenance can be awarded as a preliminary matter, while the divorce is pending. This often occurs ... Read More
20
Dec2012
In a divorce matter, child support and custody are often two (2) of the major issues being litigated or negotiated. However, while less common, determining spousal maintenance after the final decree is another common issue to be dealt with through the divorce proceedings.
As discussed in previous blog posts, there is no “alimony” in Indiana. However, there is spousal maintenance, which provides for one spouse to pay support to the other in limited circumstances. Those circumstances ... Read More
03
Jul2012
It Isn’t What You Think or Hear on TV about Stars . . .but It is There
Divorce actions routinely involve financial issues presenting as complex determinations of support for children, tax consequences, and asset and liability division. However, one financial issue that may be less common in divorce is the concept of what many think of as “alimony”.
In fact, in Indiana, there is not a type of financial support for a spouse called “alimony”. Indiana has a related legal comparison that is called spousal maintenance, but unlike alimony available in ... Read More
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