Whenever you think about the composition of the typical family unit a few of generations ago, there was usually a husband and father who acted as the breadwinner plus a wife that remained at home caring for the kids and taking care of the household. During this time period, whenever a couple living in this manner became divorced the husband would usually be directed to make alimony payments to his ex-wife. Since she had spent the numerous years they had been married contributing to the household in alternative ways she’d not have had the opportunity to follow a career path and therefore come to be financially self-supporting, which is easy to understand.

Obviously there will be still one-income families today that fit this profile, however they’re considerably more rare. Because of this alimony or what is alternatively known as spousal maintenance or perhaps spousal support isn’t something which should be automatically expected. As mentioned in Title 31, Article 15, Chapter 7 from the Indiana Code the subject of spousal support is determined on a situational basis. It should be mentioned that a divorcing husband and wife could get to an alimony or even spousal maintenance understanding independently, but if there is a disagreement between the couple with regards to support the matter could be brought before the court.

For the purposes of identification, the person who will be paying the alimony will be called the “supporting wife or husband” and the recipient is viewed as the “dependent husband or wife.” The most frequently applied variables that the court will probably take under consideration when it must adjudicate any spousal maintenance dispute would be the fiscal situations of the individual participants and also the earning capabilities of the possible dependent husband or wife. If the court find for rehabilitative spousal maintenance as the dependent spouse is on the road to self sufficiency, the law advises that this period of time cannot go beyond 3 years from the day that the maintenance request was issued. 

If you have questions or worries about alimony and spousal maintenance, contact a Fort Wayne IN military divorce attorney to arrange for a free consultation. Fort Wayne IN custody attorneys will give you the help you may need with any aspect of a Fort Wayne IN divorce.