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Attorney N. Scott Smith
Attorney N. Scott Smith

A Family Law Attorney Offering Hope, Strength And Guidance

Experienced Spousal Support Lawyer In Noblesville

Many factors can influence spousal support (spousal maintenance) decisions in Indiana. Understanding them can help you address this challenging part of the dissolution process. I am Scott Smith, an award-winning family law attorney and I would like to help you understand the reasons for approval or denial of spousal support.

At Smith Legal LLC, you work directly with me throughout your divorce, allowing you to benefit from the insight my 20+ years of litigation and mediation experience offers. From my office in Noblesville, Hamilton County, Indiana, we can explore traditional and creative solutions and arguments that demonstrate your need for or against spousal maintenance. Call or email me to schedule a free 15-minute telephonic consultation.

Factors Influencing Spousal Support In Indiana

Indiana laws have specific criteria courts to consider when awarding spousal support. Examples include:

(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 spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s needs; and
  • 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:

  • The educational level of each spouse at the time of marriage and at the time the action is commenced;
  • 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;
  • 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
  • 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.

Ind. Code Ann. § 31-15-7-2 (West)

As an experienced lawyer, I can guide you through the process of requesting a valid and evidence-based request for an order of spousal support consistent with statutory requirements. Alternatively, the parties can agree to an order of spousal maintenance despite and/or even contrary to the statutory requirements. In either event of requesting or contesting a request for spousal maintenance, I will ensure your rights remain securely intact.

How Scott Smith Of Smith Legal LLC Can Help

Navigating spousal support in Indiana requires a deep understanding of both legal principles and your unique circumstances. As your attorney, and to provide a realistic expectation of securing, denying or modifying an order for spousal maintenance, I will:

  • Assess the specific relevant facts and details of your marriage;
  • Analyze the relative financial situation and marital estate assets and debts;
  • Advocate for your vested interest, whether you are seeking support or contesting an unreasonable demand;
  • Guide you through the process, from filing necessary documents to representing you in court;
  • Help enforce or modify spousal maintenance support orders if there are significant changes in your or your ex-spouse’s applicable circumstances.

You need not take this journey alone. I am here to offer support at every stage of your divorce, including spousal maintenance.

Let’s Talk About The Next Step

A spousal maintenance support award can make a big difference in your post-divorce financial stability and peace of mind. Call me at 317-953-2572 or email me to schedule a time to discuss your situation and take advantage of a free 15-minute consultation.