How does alimony work in Indiana?

Indiana spousal maintenance is governed by Ind. Code § 31-15-7-2 and is one of the most restrictive maintenance regimes in the United States.

1. Three Narrow Categories — § 31-15-7-2

The Indiana legislature has explicitly limited maintenance to ONLY three situations:

(1) Incapacity Maintenance — § 31-15-7-2(1)

If the court finds a spouse is physically or mentally incapacitated to the extent that the ability to support self is materially affected, the court may order maintenance for as long as the incapacity continues.

(2) Caregiver Maintenance — § 31-15-7-2(2)

If a spouse lacks sufficient property to provide for needs AND is the custodian of a child whose physical or mental incapacity requires the spouse to forego employment, maintenance may be ordered for the period the spouse must care for the child.

(3) Rehabilitative Maintenance — § 31-15-7-2(3)

After considering educational level, interruption of education/training/employment, earning capacity, and time/expense of education, the court may grant rehabilitative maintenance for no more than 3 years from the date of the final decree.

2. NO Permanent Alimony

Indiana does NOT recognize traditional permanent alimony. There is no general "spousal support" award available simply because one spouse out-earns the other or based on marriage duration alone. This is a fundamental difference from most other states.

3. Modification

Incapacity and caregiver maintenance: modifiable on a substantial and continuing change rendering existing terms unreasonable (§ 31-15-7-3).

Rehabilitative maintenance: generally NOT modifiable beyond the original 3-year cap.

4. Property Settlement Maintenance

Parties may agree to spousal support in a property settlement agreement under § 31-15-2-17. If incorporated into the decree, this contractual support is enforceable but treated separately from statutory maintenance — and the parties may agree to terms that the court could not order on its own.

5. Temporary Maintenance — § 31-15-4-8

The court may order provisional (temporary) maintenance while the divorce is pending. This is broader than final maintenance but ends with the decree.

6. Termination

Statutory maintenance terminates with the qualifying condition (incapacity ends, child no longer requires care, or 3-year rehabilitation period ends)

Death of either party

Remarriage typically terminates contractual maintenance unless agreement provides otherwise

7. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.