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Indiana Law - Does Fault Affect Spousal Maintenance? A party's marital misconduct is not one of the factors a court considers in awarding maintenance. However, a court may consider a party's reckless spending of the assets in making its property division. Section 31-1-11.5-11(e) Cases: Norton (1991) 573 NE2d 941 (marital misconduct, aside from economic factor such as reckless spending of property, is not considered).
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