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Protecting Families, Defending Rights, Securing Futures

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  5. Spousal Support

Spousal Support Attorneys In Fishers And Hamilton County

Spousal support, also known as spousal maintenance or alimony, provides necessary financial support after divorce in Indiana. Indiana courts primarily consider spousal maintenance when one spouse requires rehabilitation or retraining, when a spouse is physically or mentally incapacitated or when a spouse has foregone a career to care for an incapacitated dependent.

Our firm, Horvath & Pelkey, LLP, focuses on protecting the financial well-being of families and professionals throughout the Greater Indianapolis area. We are backed by more than 33 years of combined experience with deep community ties in Fishers and across Hamilton County and central Indiana. As spousal support lawyers in Indianapolis, we provide results-driven advocacy to address support determination issues.

Factors That Affect Spousal Support Decisions

Indiana courts approach post-divorce support by aiming for fairness. They seek to balance the ability of the payor to pay with the genuine need of the recipient. The court’s primary focus is often on rehabilitative and temporary support instead of permanent alimony to help a spouse become financially independent.

Key factors that the courts weigh include:

  • Length of marriage: Generally, longer marriages may lead to more consideration for spousal maintenance.
  • Earning capacity and education: The court considers the potential earning ability of both spouses, as well as the need for education or retraining.
  • Health and disability: A spouse’s physical or mental incapacity is a key factor for long-term support consideration.
  • Career sacrifices: Evidence of career sacrifices that one spouse made for the benefit of the other or the family is often relevant in determining financial support after the divorce process.
  • Standard of living: While not the sole factor, the marital standard of living, including marital property acquired, can influence the need for support.

Thorough evidence is essential for arguing for or against a spousal support order. We can guide you in compiling the financial records necessary to establish income disparity and genuine need.

Modifying And Enforcing Spousal Support Orders

Spousal maintenance in Indiana lasts for a period set by the court, typically only up to three years for rehabilitative support, unless a spouse has an incapacitating disability. You can seek to modify a spousal maintenance order in these situations:

  • Significant life change: A substantial change in financial circumstances, such as a job loss, a major health issue or a major increase in income, may warrant modification.
  • Remarriage: The remarriage of the recipient spouse is generally a ground for terminating post-divorce support obligations.
  • Compliance with retraining: For rehabilitative support, the court may review whether the recipient is making reasonable efforts toward becoming self-supporting.

If a former spouse is not paying, our alimony attorneys in Indiana can help you with enforcement through court intervention. Our family law attorneys can guide clients through adjustments post-divorce, providing the spousal maintenance representation you need.

Why Choose Horvath & Pelkey For Spousal Support Matters?

Taking informed action can be crucial to protecting your financial stability during and after divorce. We believe in balancing empathy for your situation with assertive advocacy, fighting to win what is fair for your future. With over 33 years of combined local experience, we bring a deep understanding of Indiana law to your case. Book your confidential consultation today – virtual or in-person – by calling 317-314-4315 or completing our online contact form.

Practice Areas

  • Family Law
    • Divorce
    • Child Custody
    • Child Support
    • Property & Asset Division
    • Spousal Support
    • Protective Order
  • Criminal Defense
    • DUI/OWI
    • Misdemeanor Defense
    • Domestic Violence
    • Property Crimes
    • Drug Crimes
    • Record Expungement
  • Estate Planning
    • Powers Of Attorney
    • Wills
      • Advanced Directives
    • Trusts

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Horvath & Pelkey, LLP

Office Address

10475 Crosspoint Blvd
Suite 250
Indianapolis, IN 46256

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317-314-4315

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