Indiana: Explanation of Spousal Support or Maintenance in Indiana

IC 31-15-7-2(1) serves as a key provision in determining spousal maintenance in Indiana. This statute states that the court may grant spousal maintenance if it finds that the spouse seeking maintenance lacks sufficient property to provide for their reasonable needs and is unable to support themselves through appropriate employment. The purpose of Incapacity Maintenance is to award spousal maintenance when a spouse is “physically or mentally incapacitated,” such “that the ability of the incapacitated spouse to support himself or herself is materially affected…”

IC 31-15-7-2(2) is another important provision that the court considers when determining spousal maintenance. This statute states that the court may grant spousal maintenance if it finds that the spouse seeking maintenance is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment. The purpose of Caregiver Maintenance is for the court to award spousal maintenance when a spouse lacks “sufficient property, including marital property…to provide for the spouse's needs,” and that spouse “is the custodian of a child whose physical or mental incapacity requires the custodian to forego employment.”

IC 31-15-7-2(3) is a significant provision that the court evaluates in the context of spousal maintenance. This statute states that the court may grant spousal maintenance if it finds that the spouse seeking maintenance lacks sufficient property, including marital property awarded to them, to provide for their reasonable needs, and is unable to support themselves through appropriate employment or is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment. The purpose of Rehabilitative Maintenance is to allow a spouse to seek “sufficient education or training” such that they might “find appropriate employment.”

Voigt v. Voigt is a seminal case that has had a profound impact on the determination of spousal maintenance in Indiana. In this case, the Indiana Supreme Court established important principles and guidelines that continue to shape the approach taken by courts in evaluating spousal support claims.

One of the key contributions of Voigt v. Voigt is the emphasis it places on the financial needs of the recipient spouse and the ability of the paying spouse to provide support. The court recognized that spousal maintenance should be awarded based on fairness and equity, taking into account the specific circumstances of each case.

The case highlighted the importance of considering the duration of the marriage and the standard of living established during the marriage. The court recognized that longer marriages often involve a greater level of financial interdependence, and therefore, spousal support may be more likely to be awarded in such cases. Additionally, the court emphasized the need to maintain a reasonable level of financial support to allow the recipient spouse to maintain a similar standard of living post-divorce.

Voigt v. Voigt also underscored the significance of the contributions made by each spouse to the marriage. This includes not only financial contributions but also non-financial contributions such as homemaking, child-rearing, and supporting the other spouse's career or education. The court recognized that these contributions can have long-lasting effects on the financial well-being of the parties involved and should be taken into consideration when determining spousal maintenance.

Furthermore, the case highlighted the importance of considering the financial resources of each spouse, including income, assets, and liabilities. The court recognized that a fair and equitable determination of spousal maintenance requires a comprehensive evaluation of the financial circumstances of both parties.