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Spousal Maintenance

Fort Wayne Attorneys Advocate for the Support Payments You Need

Helping you maintain quality of life after divorce or separation

For many people, divorce or separation carries a significant economic shock. Lesser-earning spouses and custodial parents worry about how to continue to provide for themselves and their children. Higher-earning spouses face concerns about the effect that child and spousal support payments can have on their finances. While courts determine child support cases according to mathematical rules, spousal support cases require a variety of factors to be considered. With over 60 years of combined experience, our lawyers understand how support and spousal maintenance are resolved by negotiation or court determination matters. We help clients understand their rights, negotiate fair and workable settlements, and, if necessary, present their cases to the court.

Spousal maintenance

Spousal maintenance differs from child support in that it is not guaranteed during or after divorce. Spousal maintenance is also not computed with the same mathematical precision as child support. The guidelines only offer vague upper limits on the amount of maintenance that can be awarded. Spousal maintenance essentially falls into three categories:

  • Temporary maintenance — Indiana courts may issue provisional orders setting temporary spousal maintenance — often called alimony pendente lite, or APL, in other jurisdictions — while a divorce is pending. Temporary spousal maintenance continues only until the court issues a final decree of divorce and usually cannot exceed 35 percent of the payor spouse’s adjusted weekly income.
  • Rehabilitative maintenance — A court may order post-decree rehabilitative maintenance if it finds that a divorcing spouse needs time to develop the necessary educational and vocational skills to achieve self-support following divorce and a previous educational effort was interrupted by the marriage.  Rehabilitative maintenance can last for no more than three years after the divorce is finalized.
  • Permanent maintenance – If a court finds that a divorcing spouse is physically or mentally incapacitated such that the ability of the spouse to support himself or herself is materially affected or if the spouse must forego employment to care for an incapacitated child and lacks financial resources to do so, the court may award maintenance for any period it deems appropriate.  The financial ability of the other spouse to contribute maintenance is also a key component of this analysis.

Contact practical Indiana support lawyers for assistance

The obligation to pay or the right to receive maintenance can drastically change your finances for years to come. At Shilts & Setlak, LLC, our attorneys can explain your rights and help you negotiate a maintenance resolution that meets your individual circumstances. If you are considering divorce, seeking child support or spousal maintenance, or have been sued for support or maintenance, call our office today at 260-489-0700 or contact us online.

Our Office
  • Fort Wayne Office
    10311 Dawson's Creek Boulevard
    Suite C
    Fort Wayne, Indiana 46825
    Phone: 260-489-0700
    Fax: 260-497-8954