Indiana Spousal Support & Maintenance

Indiana takes a notably narrow approach to spousal support. Unlike states that grant judges wide discretion to award open-ended alimony, Indiana limits court-ordered maintenance to three statutory grounds under IC 31-15-7-2: incapacity of a spouse, caregiving for an incapacitated child, and rehabilitative maintenance capped at three years. Understanding these strict eligibility requirements is essential for anyone navigating an Indiana divorce, whether you expect to pay or receive spousal maintenance.

Eligibility: Indiana's Three Statutory Grounds

Indiana does not recognize general “alimony” in the way many other states do. A court may order spousal maintenance in a final decree only if one of three conditions is met under IC 31-15-7-2:

1. Incapacity maintenance — A spouse is physically or mentally incapacitated to the extent that self-support is materially affected. Awards can continue for the duration of the incapacity and are subject to further court review.
2. Caregiver maintenance — A spouse lacks sufficient property to meet needs and is the custodian of a child whose physical or mental incapacity requires that spouse to forgo employment.
3. Rehabilitative maintenance — After evaluating each spouse's education level at marriage and at filing, whether education or employment was interrupted by homemaking or childcare duties, earning capacity, and the time and expense needed to acquire training, the court may award maintenance for a maximum of three years from the date of the final decree.

Outside these three situations, Indiana courts have no statutory authority to order maintenance. Parties are free, however, to agree to spousal support in a settlement agreement—commonly called contractual maintenance—on any terms they choose.

Temporary Support During the Case

While a dissolution or legal separation is pending, either spouse may request temporary (pendente lite) maintenance under IC 31-15-4-1. The court “may issue an order for temporary maintenance or support in such amounts and on such terms that are just and proper.”

The Indiana Child Support Guidelines (ICSG) recommend two guardrails for temporary maintenance:

• Temporary maintenance should not exceed 35% of the obligor's weekly adjusted income.
• Child support plus temporary maintenance combined should not exceed 50% of the obligor's weekly adjusted income.

These caps include in-kind payments such as mortgage or utility costs paid directly. Temporary orders automatically terminate when the final decree is entered.

How Courts Set Amounts and Duration

Indiana has no statutory formula for calculating final spousal maintenance amounts. Trial courts exercise discretion to set a reasonable sum based on the recipient's demonstrated need and the payor's ability to contribute. Reported awards vary significantly—for example, $2,000 per month in Clokey v. Clokey (2011) for incapacity maintenance and $1,500 per month in Barton v. Barton (2015).

Duration depends on the type of award:

• Rehabilitative: Capped at 36 months from the final decree. Courts frequently set shorter periods tied to a specific education or training program, and may step down payments over time.
• Incapacity: Can continue as long as the qualifying condition persists, subject to modification if circumstances change.
• Caregiver: Continues while the spouse must forgo employment to care for the incapacitated child, also modifiable.

Contractual Maintenance in Settlement Agreements

Indiana courts respect freedom of contract. Spouses can agree to maintenance terms that go beyond what the statute would authorize—including longer durations, different amounts, or support for reasons outside the three statutory grounds.

A critical drafting detail: the Indiana Supreme Court held in Pohl v. Pohl (2014) that agreed maintenance is modifiable by a court only if the agreement expressly permits it. If an agreement states maintenance is “subject to further order of the court,” either party can later seek modification under the statutory “substantial and continuing change” standard. If the agreement is silent or says “non-modifiable,” the court generally cannot alter the obligation.

Modification and Termination Triggers

For maintenance ordered under the statute, a court may modify or revoke the award only upon a showing of “changed circumstances so substantial and continuing as to make the terms unreasonable” under IC 31-15-7-3. The burden of proof rests on the party seeking the change.

Key points about termination:

• Remarriage does not automatically terminate incapacity or caregiver maintenance. The Indiana Supreme Court confirmed in Gertiser v. Stokes (2015) that trial courts have broad discretion—remarriage may justify revocation only if the new household resources create a substantial and continuing change.
• Cohabitation alone is insufficient. In Myers v. Myers (1990), the Supreme Court held that mere cohabitation, without proof of an actual change in financial circumstances, does not warrant modification.
• Rehabilitative maintenance ends no later than 36 months from the decree by operation of law, unless the parties contracted otherwise.
• Retirement or job loss may meet the “substantial and continuing” threshold if the income decline is significant, enduring, and not in bad faith.

Marital Fault Is Not a Factor

Indiana's maintenance statutes do not consider marital misconduct. Unlike some states where adultery or abuse can bar or increase an award, Indiana courts base maintenance decisions solely on the statutory eligibility criteria—need, incapacity, caregiving obligations, and rehabilitation potential. Fault plays no role.

Tax Treatment After the TCJA

For divorce instruments executed after December 31, 2018, maintenance is not deductible by the payor and not taxable to the recipient under the federal Tax Cuts and Jobs Act. Pre-2019 orders retain the older deductible/taxable treatment unless a post-2018 modification expressly adopts the new rule.

Indiana conforms to federal tax treatment for spousal maintenance. Because post-2018 maintenance is paid from after-tax dollars, the same nominal amount transfers more value to the recipient compared to pre-TCJA arrangements. This dynamic often influences negotiation strategy, particularly in settlement discussions.

Enforcement: Contempt and Income Withholding

Under IC 31-15-7-10, maintenance orders can be enforced through contempt proceedings, income withholding orders, or “any other remedies available for the enforcement of a court order.” Courts can direct payments through the clerk or Indiana's State Central Collection Unit to ensure compliance tracking. Willful non-payment can result in sanctions including fines and, in extreme cases, incarceration.

Estimate Your Indiana Spousal Support

Use our free calculator below to get a preliminary estimate based on your income, your spouse's income, and the length of your marriage. The calculator is pre-configured for Indiana.

This estimate is for planning purposes only. Indiana has no statutory formula for final maintenance amounts—actual awards depend on the court's assessment of need and ability to pay.

Frequently Asked Questions

Is there a formula for Indiana spousal maintenance? No. Final awards are discretionary within the statutory framework. Only temporary maintenance has recommended percentage caps (35% standalone; 50% combined with child support) under the Indiana Child Support Guidelines.

What is the maximum length of rehabilitative maintenance? Three years from the date of the final decree. Courts cannot extend beyond this statutory cap unless the parties agreed to different terms in a settlement.

Will maintenance end automatically if the recipient remarries? Not automatically for incapacity or caregiver maintenance. The payor must file a motion demonstrating a substantial and continuing change that makes the award unreasonable. A contractual maintenance agreement can, however, specify automatic termination upon remarriage.

Can courts order payroll withholding for maintenance? Yes. IC 31-15-7-10 expressly authorizes income withholding orders to enforce maintenance, parallel to child support enforcement mechanisms.

Can my spouse and I agree to maintenance outside the three statutory grounds? Yes. Contractual maintenance in a settlement agreement can be structured on any terms. The key consideration is whether the agreement allows future court modification—if it does not, the court generally cannot alter the terms later.