What is Indiana law on spousal support and alimony if wife has no income?

Answer 1

The state of Indiana does not have alimony. Spousal support must meet the following guidelines:

IC 31-15-7-2

Findings concerning maintenance

Sec. 2. A court may make the following findings concerning maintenance:

(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.

(2) If the court finds that:

(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and

(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;

the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.

(3) After considering:

(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;

(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;

(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and

(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;

a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.

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Spousal support is not a given and must meet one of the critera listed above. The total amount between child support and spousal support cannot exceed 50% of the obliger's income.

Answer 2

In Indiana, spousal support is discretionary and typically awarded based on factors such as the duration of the marriage, earning capacity of each spouse, and standard of living established during the marriage. If the wife has no income, the court may consider this along with other relevant factors when determining whether to award spousal support and the amount.