Alimony & Spousal Maintenance Lawyers in Carmel, IN
Serving Clients in Indianapolis & Across Central Indiana
Divorce proceedings can get messy. Our priority at Roberts Means Roncevic Kapela LLC is to help you negotiate the legal ramifications of divorce and deal with the emotional turmoil it brings.
We can serve as your advocate in all spousal support negotiations, ensuring that the rights of all parties are respected and protected. You can peacefully put the past behind you as our Carmel spousal maintenance lawyers help you move into the next phase of your life. We represent clients in Carmel, Indianapolis, and throughout Central Indiana.
Need legal counsel during spousal support matters? See how we can help by calling (317) 569-2200. Schedule your initial case review with our Carmel spousal maintenance attorneys today.
How Prenuptial & Postnuptial Agreements Affect Alimony
Prenuptial and postnuptial agreements can significantly influence alimony arrangements in the event of a divorce. These legal contracts allow couples to predetermine financial aspects of their relationship, including provisions for alimony. However, these agreements must meet specific legal requirements to be enforceable.
If legal requirements are met, the court will generally honor the alimony terms of a prenuptial or postnuptial agreement. However, if circumstances have dramatically changed since the contract was made, or if implementing the agreement would cause one party extreme hardship, the court may choose to modify the agreed-upon terms.
Turn to a Proven Family Law Firm in Indiana
As laws and circumstances can be complex, seeking legal advice from a skilled attorney at Roberts Means Roncevic Kapela LLC is strongly recommended to navigate the matter of alimony in divorce or post-divorce situations accurately.
With more than a decade of experience, our firm brings competent legal help and support in all alimony and other family law concerns.
Contact us online or at (317) 569-2200 for help today.
What Is Spousal Maintenance in IN?
Alimony, also called "spousal maintenance," is often ordered from one party to the other after a divorce. This is to help the supported party maintain the way of life they were accustomed to during the marriage. Alimony is not automatic in divorce; it must be requested and warranted.
Judges will consider multiple factors when deciding whether alimony is appropriate, including its amount and duration.
These factors can include:
- The income and earning potential of both spouses: The judge will consider the current income, employment history, and the ability of both spouses to earn an income in the future.
- The length of the marriage: Generally, longer marriages may result in longer alimony periods.
- The age and health of both spouses: If one spouse has health issues or is of an age where finding employment is challenging, it may influence the alimony decision.
How Long Does Alimony Last?
The duration of alimony can vary based on several factors. According to Indiana statutes, if spousal maintenance is granted, the court will determine the duration based on the above factors. However, if the court finds a spouse incapacitated, the maintenance might extend indefinitely.
If this is true, the alimony payments will be paid until the court determines payments are no longer required. Typically, alimony ends when the supported spouse remarries or develops the necessary skills to support themselves.
According to Indiana law, alimony may also be modified or terminated if the recipient begins cohabiting with a partner in an intimate relationship. Cohabitation is generally defined as living together in a marriage-like arrangement.
Although no one-size-fits-all rule exists in cohabitation cases, courts will typically consider factors such as the length of the relationship, whether the cohabiting parties share expenses, and whether they present themselves as a couple in social and family activities.
The burden of proof lies on the party seeking to terminate or reduce alimony in all cases. Demonstrating substantial and continuing changes that would make the current alimony order unreasonable is necessary.