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Indiana Law - What Factors Affect the Spousal Maintenance Amount?
Indiana generally discourages permanent alimony.
Here are the factors the court considers in granting spousal maintenance:
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If a spouse is physically or mentally incapacitated, and can't support himself
or herself, the court may award alimony during the period of incapacity.
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If the spouse is the custodian of a child and can not support himself or herself,
the court may award maintenance for as long as the court thinks is appropriate.
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Otherwise the court may order spousal maintenance for up to three years, based on
considerations of how long it will take the spouse to become self-supporting.
The considerations for the up-to-3-year alimony are:
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The educational level of each spouse at the time of the marriage and divorce.
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Whether one spouse interrupted education or career to be a homemaker or parent.
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Earning capacity, based on education, skills, work experience, and absence from the job market.
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The time and expense necessary to get education or training necessary to find appropriate employment.
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