Spousal Support Lawyer for Women in Indianapolis
For some people, alimony is a lifeline; it allows them to move forward with their life after divorce, feeling confident about their future. In Indiana, spousal support is not always awarded, and specific evidence is required to show why support is necessary.
At Woodford Sathappan McGee, our family law attorneys solely represent women. We have worked with many women who have sacrificed careers to care for their children, and spousal support is essential for them to move forward with their lives. Our goal is to empower our clients with knowledge of their rights and to help them achieve an outcome that gives them the financial security they need.
At Woodford Sathappan McGee, we provide compassionate and dedicated support to women facing divorce and other family law matters in Indiana and Ohio. We will help minimize conflict where possible while being prepared to advocate on your behalf in front of a Judge when necessary. We will do whatever it takes to protect your rights and the interests of your children.
Arrange a free consultation with one of our Indianapolis divorce lawyers today at 380-212-3731.
Alimony or Spousal Maintenance in Indiana?
Although the terms alimony and spousal support are often used interchangeably, they are actually a little different. Alimony is typically financial support that a higher-earning spouse pays to the other after divorce. Alimony could be based on the financial status of both parties, the length of the marriage, and each spouse’s ability to earn money. If a marriage lasted a long time and one spouse earns significantly more, alimony could be paid for many years.
In Indiana, alimony is not available. Instead, spousal maintenance may be awarded in specific circumstances. The court may issue a spousal support order if:
- The receiving spouse requires training or education to find appropriate employment. In this case, spousal support may be ordered for a limited amount of time.
- The receiving spouse is physically or mentally incapacitated.
- One receiving spouse cares for a dependent who is physically or mentally incapacitated.
When is Spousal Maintenance Awarded in Indianapolis?
Spousal maintenance can be included in your divorce decree and should be paid once it has been finalized.
Your spousal support lawyer could also help you apply for a temporary order for spousal support while the divorce process is ongoing. If successful, this may ensure that you have financial security while the divorce is ongoing. This may be particularly important if you need spousal support to pay your mortgage or rent.
Spousal Maintenance in Indiana
The Indiana spousal maintenance statute is specific about the circumstances where a court may order spousal maintenance. When spousal maintenance is ordered, it is often for a limited amount of time, depending on the circumstances under which the order is made.
If you meet any of the below criteria, then one of our Indianapolis divorce lawyers will help you fight for spousal maintenance.
Rehabilitative Spousal Maintenance
You may be owed spousal maintenance if you need education or training in order to find employment that would allow you to support yourself. This type of maintenance is given for a limited amount of time, and your attorney can help establish how much time you need to train and find work.
Rehabilitative maintenance can be especially beneficial for mothers who have sacrificed education or work opportunities to care for a home and children. Spousal support could allow you to undergo training and find meaningful work so that you can find the self-empowerment you need to move forward.
When determining whether you are owed rehabilitative maintenance, the court may consider factors such as:
- Whether homemaking or childcare responsibilities disrupted your education or employment
- The time and expense required for you to find suitable employment
- The education level of each spouse
- The earning capacity of each spouse
If you have a physical or mental condition that limits your ability to support yourself, then you may be owed spousal maintenance. If your condition is life-long, then spousal incapacity maintenance could be ordered indefinitely. Otherwise, it will be ordered for a limited time based on the period of incapacity.
When the court is determining whether you are owed spousal incapacity maintenance, they will consider the financial circumstances of you and your ex-spouse, the nature and duration of your condition, and the care required.
If you have a child or an adult dependent who requires care due to physical or mental incapacity, then you could be owed caregiver maintenance. If your caregiving responsibilities prevent you from working or you have insufficient resources to provide for their needs, then these could both be justifications.
How Long Do Spousal Maintenance Payments Last in Indianapolis?
How long spousal support payments last varies on a case-by-case basis. Rehabilitative maintenance could be awarded based on how long education or training is expected to take, as well as the period of time to find employment. The court is able to order rehabilitative maintenance for up to three years.
On the other hand, if the award is based on incapacity, it will be based on the period of incapacity, which could be indefinite.
Regardless of the type of maintenance, the court considers many factors when awarding spousal support and will use discretion in whether to award support and how long to award it for.
An Indianapolis spousal support lawyer will help you to establish why you need spousal support and how long you need it. They will help you to provide evidence to support your case and give you the best chance at a fair outcome.
Other Factors That Affect Financial Stability After Divorce
Many women stay in unhappy marriages for a long time because they are concerned about their financial security. However, you have certain rights that should protect you and allow you to move forward without too much hardship.
When you have the support of an experienced Indianapolis divorce lawyer, they will fight to protect your rights and will ensure that the right outcomes are reached. Remember, your divorce decree is legally binding, so it is essential you have the proper support.
As well as an Indiana spousal maintenance award, some other factors that could affect your financial stability after divorce include:
Parents have a legal obligation to financially support their children. If you have primary custody of your child, then the other parent will usually be required to pay child support. Even if you have an equal child custody arrangement, if your spouse earns significantly more, they may still be required to pay you child support.
Child support is essential for many mothers and ensures that they can continue to meet their child’s needs, such as housing, clothes, food, and toys.
Parents are also under a legal obligation to ensure that their children’s medical needs are met. If medical insurance is available at a reasonable cost to your former spouse, then the court may order them to provide it for your child.
Indiana is an equitable distribution state, which means that all marital assets and debts must be divided in a just and fair way.
Any assets and debts that you or your former spouse owned before you married each other, as well as any inheritance received or gifts given to one party, are considered separate property. Separate property is not divided and continues to belong to each individual after the marriage has ended.
On the other hand, assets and debts that you or your former spouse obtained while you were married are considered marital property. Marital property is subject to equitable division and could include real estate, bank accounts, vehicles, self-owned businesses, and more.
Your Indianapolis spousal support lawyer will also help you with the property division. They will help you fight for an equitable share which could be based on factors such as:
- Each spouse’s contribution
- How long the marriage lasted
- Who has primary custody of the children
- Each spouse’s earning capacity
- Whether one spouse was solely responsible for any debt
How an Indianapolis Spousal Maintenance Lawyer Can Help
In Indiana, spousal maintenance is only awarded in limited circumstances and usually for a limited amount of time. An attorney can help ensure that a decision is reached that gives you the tools you need to gain financial independence.
When you agree to representation from Woodford Sathappan McGee, you will receive the support and guidance of a dedicated divorce lawyer who is committed to your needs. We will do everything in our power to secure an outcome that empowers you to cultivate the future you want.
We will use skills in mediation to limit court involvement where possible. However, we are skilled trial lawyers and are always prepared to fight for your rights in front of a Judge. Utilizing an in-depth understanding of Indiana family law, a wealth of resources and experiences, a compassionate approach, and a dedication to your case, we will do what it takes to preserve and promote your independence.
Who Pays Divorce Attorney Fees in Indianapolis?
If you are concerned about how you will manage financially after divorce, then you may be wondering how you will manage to pay your attorney’s fees. While each spouse is usually expected to pay their own legal fees, there are circumstances where the court could order your former spouse to pay part or all of your attorney’s fees.
For example, if your ex-spouse earns significantly more than you and you are not in a position to earn more, then the court could order your former spouse to contribute to your legal costs. Another justification could be if your former spouse has been shown to have acted in bad faith, meaning they have hidden assets, lied to the court, or failed to provide documents requested of them.
Your divorce attorney can help you to determine whether you have the potential for an attorney fee award and will help you present evidence to the Judge.
Indianapolis Alimony Lawyer FAQ
How is alimony determined in Indiana?
Many states use a specific calculation to determine alimony, but Indiana doesn’t. Instead, it is up to the Judge to determine an appropriate amount of spousal support.
Is Indiana a no-alimony state?
Although Indiana laws do allow for alimony, they do allow for spousal maintenance in some circumstances, which is similar. Spousal maintenance may be awarded to allow the receiving spouse to undergo training and find employment or because of an incapacity or sacrifices made for the marriage.
How much is a wife entitled to in a divorce in Indiana?
How much you are entitled to depends on the specific circumstances of your case. You may be owed spousal support, child support, and an equitable division of your marital property. All of these factors can help ensure that you are financially stable after divorce.
Is Indiana a 50/50 state in divorce?
Indiana is an equitable distribution state, which often equates to a 50/50 split of marital property. However, there are circumstances where one spouse could be awarded more than 50%. Justification for a higher percentage of property could include a greater need, greater contributions, or if one spouse incurred the majority of any debt.
How long does the divorce process take in Indianapolis?
Divorce varies widely between cases and it can take a few months or up to two years for a divorce to be finalized. When you have the help of an experienced divorce lawyer, they will help to keep everything moving forward while ensuring your rights are protected.
When should I speak to an Indianapolis divorce lawyer?
The sooner you contact a divorce lawyer, the better, and you can do so even before your divorce petition has been filed. Your attorney will help you establish a strategy for your case to ensure the best possible outcome.
Can spousal support payments be changed in Indianapolis?
In Indiana, a spousal support order can be changed if a substantial change in circumstances makes the current order unreasonable. The Judge can use their discretion to determine what qualifies for a change. However, an example could be if your former spouse loses their job and can no longer make payments.
Woodford Sathappan McGee – Providing Dedicated Representation For Women Facing Divorce
Woodford Sathaappan McGee is the only law firm in the Indianapolis area to represent women exclusively, which gives us a unique ability to meet their needs and fight for their future.
We understand how important the outcome of issues such as spousal support can be for the women we work with. All of our divorce lawyers share the same goal, which is to empower women to move forward to a brighter future. We will fight tirelessly on your behalf and will protect your rights, as well as those of your children.
Contact us today at 380-212-3731 to schedule a free consultation with an experienced divorce lawyer.