Indiana Alimony / Spousal Support Estimator

Indiana has no formula for calculating spousal maintenance. Under Indiana Code § 31-15-7-2, judges use discretion to determine the amount based on the requesting spouse's financial needs, the paying spouse's ability to pay, and overall economic circumstances including income, assets, and living expenses. Unlike child support, which follows statutory guidelines, Indiana maintenance awards are entirely fact-specific and limited to three narrow eligibility categories.

Indiana law recognizes three types of spousal maintenance under IC § 31-15-7-2: incapacity maintenance for a spouse who is physically or mentally incapacitated and cannot self-support, caregiver maintenance for a spouse who must forgo employment to care for a disabled child, and rehabilitative maintenance for a spouse who needs education or training after sacrificing career development for homemaking duties. No other grounds exist for court-ordered maintenance.

Rehabilitative maintenance in Indiana is capped at 3 years from the date of the final divorce decree under IC § 31-15-7-2(3). Incapacity-based maintenance continues for the duration of the spouse's disability, subject to further court review. Caregiver maintenance lasts while the custodial parent must forgo employment but cannot extend beyond the child's 18th birthday. Indiana courts cannot extend rehabilitative maintenance beyond the 3-year statutory limit.

Indiana courts consider the requesting spouse's financial needs, the paying spouse's ability to provide support, income from all sources including wages, investments, and retirement benefits, each spouse's earning capacity, necessary living expenses, and the paying spouse's existing financial obligations such as debts and child support. Courts must first determine whether the requesting spouse meets one of the three statutory eligibility criteria under IC § 31-15-7-2 before evaluating these factors.

Indiana spousal maintenance can be modified under IC § 31-15-7-3, but only when there is a substantial and continuing change in circumstances — such as the paying spouse losing employment or the recipient obtaining a job. Rehabilitative maintenance cannot be extended beyond the 3-year statutory cap, even if the recipient has not achieved financial independence. Incapacity-based maintenance may be modified if the recipient's medical condition significantly improves or worsens.

Adultery has no impact on spousal maintenance in Indiana. Indiana is a strict no-fault divorce state, and marital misconduct including infidelity, abandonment, or abuse is not a factor courts may consider when awarding maintenance under IC § 31-15-7-2. The court's analysis focuses exclusively on whether the requesting spouse meets one of the three statutory eligibility categories and the financial circumstances of both parties.

For Indiana divorce agreements finalized after December 31, 2018, spousal maintenance payments are not tax-deductible for the paying spouse and are not taxable income for the recipient under the federal Tax Cuts and Jobs Act of 2017. Indiana conforms to this federal tax treatment. Agreements finalized before January 1, 2019, follow the prior rules where the payer could deduct payments and the recipient reported them as income.

Indiana allows spouses to waive spousal maintenance through a valid prenuptial agreement under Indiana Code § 31-11-3. Both parties must enter the agreement voluntarily with full financial disclosure, and the agreement must be in writing and signed before the marriage. Couples can also negotiate maintenance terms in a settlement agreement during divorce, which is not limited by the three statutory categories — potentially providing more flexibility than court-ordered maintenance.