Is there alimony in Indiana?

Alimony—or spousal maintenance as it’s called in Indiana—is a court-ordered payment from one spouse to the other during or after the divorce. … Although it’s common today for both spouses to work outside the home, spousal maintenance is still available if the lower-earning spouse meets the state requirements.

How long do you have to be married to get alimony in Indiana?

Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Can a spouse get alimony in Indiana?

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.

Is Indiana a spousal state?

Indiana operates under the “one pot” theory of marital property. All property belonging to either or both spouses is considered marital property. … However, the court can consider whether that property should be set aside to the spouse who inherited it or brought it into the marriage.

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What qualifies a wife for alimony?

A judge will assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay alimony. Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time.

Does adultery affect divorce in Indiana?

Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.

Who gets the house in a divorce Indiana?

In general, all property that either spouse acquires after marriage is marital property. Some exceptions to this general rule are inheritances left to one spouse only and gifts to one spouse.

Does it matter who files for divorce in Indiana?

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.

Who pays for a divorce in Indiana?

Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions.

What am I entitled to in a divorce in Indiana?

The court will:

  • End the marriage.
  • Divide the marital property and debts (usually on a 50-50% basis).
  • Issue custody, visitation and child support orders for children of the marriage.
  • The wife can get her maiden or former name back as part of the divorce.
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Can my wife take everything in a divorce?

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses. But, it is in your best interest to go…

Is Indiana a joint property state?

Indiana is not a community property state. States are either community property states or equitable distribution states, where property is divided fairly, but not always equally. A community property state presumes both spouses equally own all marital property and it will be split 50%-50 in a divorce.

How much does the average divorce cost in Indiana?

Divorce Filing Fees and Typical Attorney Fees by State

State Average Filing Fees Other Divorce Costs and Attorney Fees
Indiana $157 Average fees: $9,000
Iowa $185 Average fees: $9,000+
Kansas $400 Average fees: $8,000+
Kentucky $148 (without an attorney), $153 (with an attorney) Average fees: $8,000+

Is alimony paid for life?

A couple marries and when they divorce, one spouse pays the alimony for the rest of their natural life, or until their spouse’s demise—whichever comes first. … Even Powerball winnings end after 20 years, while permanent alimony continues through one’s retirement—although the amount paid can be reduced by the courts.

How do I divorce my wife and keep everything?

If divorce is looming, here are six ways to protect yourself financially.

  1. Identify all of your assets and clarify what’s yours. Identify your assets. …
  2. Get copies of all your financial statements. Make copies. …
  3. Secure some liquid assets. Go to the bank. …
  4. Know your state’s laws. …
  5. Build a team. …
  6. Decide what you want — and need.
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Can a working wife get alimony?

The answer is yes, it is possible. It’s not necessarily easy though. You must call an experienced divorce and alimony lawyer to determine your rights and the specifics of your situation.

After Divorce