How does a court determine spousal maintenance or alimony?

In Indiana, courts typically consider a variety of factors when determining spousal maintenance or alimony payments. Generally, the court will consider the length of the marriage, the financial need of the requesting spouse, and the other spouse’s ability to provide for them. Typically, they will also consider the standard of living during the marriage when making the determination. In addition, the court may take into consideration the health of both spouses, the age of both spouses, the emotional contribution of both spouses during the marriage, the contribution of one spouse to the education of the other, any voluntary agreement between the parties, and other factors that may be relevant. The court will also analyze each party’s resources, such as income, property, earning capacity, and any other financial resources that either party has. Other non-financial contributions, such as child and domestic care or contributions to a business, may also be considered. Ultimately, the court expects the parties to maintain their current standard of living, and may award spousal maintenance in an amount that is appropriate given the particular marriage. The court’s decision on spousal maintenance is based on their determination of both parties’ assets, liabilities, and contributions to the marriage.

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