Danks & Danks
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When is spousal support awarded during a divorce?

There is no guarantee that Indiana residents who seeks spousal support from their soon-to-be ex-spouse will receive it. In some cases, particularly when a person lacks the financial capacity to care for themselves or their child due a physical or mental disability, spousal support may be awarded to ensure that people can cover their needs. However, in other cases, spousal support may be awarded if a court deems it necessary in a specific situation.

Rehabilitative alimony is a common form of spousal support that Indiana courts award. This type of support is based on the need of the requesting party to attain job training, education or other skills so that they can find a job on which to support themselves. Rehabilitative alimony is not permanent and may only be awarded for a period of years.

Individuals who receive alimony, as well as individuals who are required to pay it, can ask divorce courts to re-evaluate their support needs when circumstances in their lives change. If, for example, a recipient spouse is able to find work and take care of their own living expenses before the support order ends, the paying spouse may petition to have the obligation terminated in advance of the scheduled end date.

The decision to pursue spousal support during a divorce should be carefully considered. Spousal support is an important family law topic that may be relevant to individuals going through divorce in Indiana. The specific applicability of relevant family laws needs to be understood so that Indiana residents know their options.

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