Alimony in Indiana: what courts award and how long it lasts

Last updated 2026-07-09

Does Indiana have alimony?

Indiana technically does not have alimony. What most states call alimony, Indiana calls "spousal maintenance," and it is governed by Indiana Code Section 31-15-7-1 through 31-15-7-3 ^[1]. The distinction matters because Indiana's maintenance law is far more restrictive than traditional alimony statutes elsewhere. Judges have almost no room to award open-ended support just because one spouse out-earns the other.

In states like California or Texas, a judge can award alimony based on the length of the marriage, the lifestyle during it, and each spouse's earning potential. Indiana does not work that way. The statute lists specific qualifying circumstances. If you don't fit one, you don't get maintenance. Full stop.

This surprises a lot of people. A 20-year marriage where one spouse worked and the other stayed home, ending in divorce at 55, does not by itself entitle anyone to spousal maintenance under Indiana law. The court needs one of the three statutory triggers to apply.

Here is the good news for people doing an uncontested divorce in Indiana. Because maintenance is rare and narrow, most couples can simply agree there will be none, write that into their settlement agreement, and move on. If you do need to address it, the agreement can include voluntary maintenance terms that a judge will usually honor.

What are the three types of spousal maintenance Indiana courts can award?

Indiana Code § 31-15-7-2 lays out three and only three grounds for a court to order spousal maintenance ^[1].

1. Incapacity maintenance. If a spouse is physically or mentally incapacitated to the point that self-support is not possible, the court can award maintenance for as long as the incapacity lasts. There is no statutory cap on duration. The incapacity must be documented, and it must actually prevent the spouse from supporting themselves, not merely make work harder.

2. Child caretaking maintenance. If a spouse has custody of a child whose physical or mental incapacity forces that parent to give up employment, the court can award maintenance. The bar is high. The child's condition has to be severe enough that the custodial parent can't work outside the home. A manageable condition that requires some accommodations but not full-time care does not meet this standard in most courts.

3. Rehabilitative maintenance. This is the type courts award most often. A court can grant up to three years of maintenance when a spouse lacks enough property to meet their needs and either (a) is the custodian of a child whose circumstances make it appropriate that the custodian not have to seek outside work, or (b) lacks the education, training, or job skills to support themselves. Indiana Code § 31-15-7-2(3) caps rehabilitative maintenance at three years ^[1].

That three-year cap is one of the biggest differences between Indiana and neighbors like Ohio or Illinois, where courts can award longer-term or permanent support. Indiana's legislature kept the window short on purpose.

One more thing to know. Even when a court finds a spouse qualifies, the amount and duration stay discretionary. A judge weighs the education of both spouses, their work history, the earning capacity of the receiving spouse, the length of the marriage, each spouse's financial resources, and the time and money needed for the receiving spouse to gain education or job skills ^[1].

How much spousal maintenance do Indiana courts actually award?

There is no formula. Indiana gives judges wide latitude on the amount, and nothing here resembles the child support calculation. Child support uses a statutory Income Shares model with a specific worksheet ^[2]. Maintenance amounts are entirely fact-specific.

Awards vary enormously in practice. Amounts range from a few hundred dollars a month up toward the income gap between spouses, but nobody has good centralized data on median maintenance awards in Indiana specifically. The statute simply says the court shall consider each spouse's circumstances ^[1].

Factors courts actually look at include:

• The length of the marriage (longer marriages sometimes support larger or longer awards)
• The standard of living during the marriage
• The age and health of the receiving spouse
• The earning capacity gap between spouses
• Whether the receiving spouse interrupted a career for the marriage
• The paying spouse's ability to pay while meeting their own needs

One thing Indiana courts will not do is award maintenance that exceeds the paying spouse's ability to pay. A judge looks at both post-divorce budgets. If the paying spouse can't cover the award and their own reasonable expenses, the award comes down.

In an uncontested divorce, spouses can agree to any amount and duration they want, including numbers a court couldn't order or structures a court couldn't impose (like a lump sum). Courts generally approve agreed maintenance terms as long as the deal looks voluntary and is not unconscionable.

How long does spousal maintenance last in Indiana?

Duration depends on which type applies. Rehabilitative maintenance is capped at three years. The two disability-based categories have no statutory time limit, and anything the spouses agree to themselves can run as long as they both want.

Type	Maximum Duration	Notes
Incapacity (receiving spouse)	No statutory cap	Ends if incapacity resolves
Child caretaking	No statutory cap	Ends when child no longer requires full-time care
Rehabilitative	3 years	Hard cap under IC § 31-15-7-2 [1]
Agreed (contractual)	Whatever spouses agree	Court will approve if not unconscionable

The three-year cap on rehabilitative maintenance is the one most people run into, and it is firm. A court cannot award four years because it seems fair. If you need more than three years, you either argue for a different category or negotiate a contractual agreement with your spouse.

Maintenance also ends on the death of either party or the remarriage of the receiving spouse under Indiana Code § 31-15-7-3 ^[1]. Cohabitation can be grounds to modify or terminate maintenance, but Indiana law does not automatically end it on cohabitation the way some states do. The paying spouse has to file a modification petition.

For rehabilitative maintenance, the three-year clock usually starts from the date of the final decree, not from separation.

How is Indiana spousal maintenance different from the property division?

Spousal maintenance and property division are completely separate legal issues in Indiana, and mixing them up trips people up constantly. Property division is a one-time settling of assets and debts. Maintenance is ongoing cash paid after the divorce is final.

Indiana is an equitable distribution state. Under Indiana Code § 31-15-7-4, courts presume a 50/50 split of marital property is just and reasonable, though either spouse can rebut that presumption ^[3]. Property division happens once, at the time of divorce, and it is final (except in cases of fraud or mistake).

Maintenance is different. It is periodic payments from one ex-spouse to the other after the divorce. It is not a property settlement. A lump-sum payment can sometimes serve a similar economic purpose, but courts still treat the two as distinct.

Why does this matter? Because the tax treatment differs, the modification rules differ, and the enforcement tools differ. Property settlements typically cannot be modified after the divorce. Maintenance orders can be modified if there is a substantial change in circumstances. A paying spouse who loses their job has a path to reduce a maintenance order. They have no such path to undo a property division.

For people doing their own paperwork, the takeaway is simple. Your settlement agreement needs to address property division and spousal maintenance separately. They go in different sections. If you want a buyout or offset that substitutes for ongoing maintenance, say so explicitly in the agreement language.

Can spouses agree to alimony-style payments Indiana courts couldn't order?

Yes, and this is one of the most useful tools in an uncontested Indiana divorce.

Spouses can agree to maintenance that goes beyond what a court could impose. A couple married 30 years, where one spouse never worked outside the home, can negotiate 10 years of payments even though a court couldn't order that under the rehabilitative cap. They can agree to a lump sum. They can agree to payments that survive remarriage if they both want that. They can tie amounts to the paying spouse's income.

Courts approve agreed maintenance terms as long as the deal is voluntary, both parties had the chance to consult counsel, and the terms are not unconscionable. Indiana courts do not rewrite agreements between competent adults.

The trick is drafting it correctly. Courts want clear terms: dollar amount, payment frequency, start date, end date or termination events, what happens on death or remarriage, and how disputes get handled. Vague agreements cause problems later.

This is where a solid settlement agreement template earns its keep. DivorceClear's $149 document packet includes a settlement agreement with spousal maintenance provisions drafted for Indiana's requirements, which saves real time if you and your spouse have already agreed on terms.

One caution. If the maintenance agreement is embedded in your decree (incorporated and merged), it becomes modifiable like a court order. If it is only incorporated by reference but not merged, it may be treated as a contract, with different modification rules. Indiana courts have ruled inconsistently on this distinction, so be explicit in your agreement about which treatment you want.

How do you request spousal maintenance in an Indiana divorce?

In a contested case, you request spousal maintenance in your petition for dissolution, plus a separate motion if you want temporary maintenance while the divorce is pending. Indiana trial courts can award temporary maintenance during the case under the same standards that govern final awards ^[1].

An uncontested divorce is simpler. You and your spouse agree on maintenance terms, put them in your settlement agreement, and both sign. You then file your petition for dissolution (Form DR-0101 in many Indiana counties, though some counties use their own forms ^[4]), attach the settlement agreement, and ask the court to approve it at the final hearing.

The Indiana Supreme Court's Division of State Court Administration provides standardized dissolution forms that work statewide, though individual counties sometimes supplement them ^[4]. Check your local court's website before you file. Marion County (Indianapolis), Hamilton County, and Allen County (Fort Wayne) all have local rules that affect filing.

Filing fees for dissolution in Indiana vary by county. Most counties charge between $132 and $176 for the initial filing ^[5]. Some add surcharges. Look up your county's fee schedule on the court's website or at the Indiana Courts site.

If you and your spouse disagree about maintenance, the case becomes contested, and you will likely need a divorce attorney at a hearing. The court takes evidence, hears testimony, and rules based on the statutory factors.

Can you modify or terminate Indiana spousal maintenance after the divorce?

Court-ordered maintenance can be modified when there is a substantial and continuing change in circumstances that makes the original order unreasonable ^[1]. Indiana courts have found qualifying changes to include:

• A significant income change for either party (job loss, promotion, disability)
• The receiving spouse's remarriage (which terminates maintenance automatically under IC § 31-15-7-3)
• Completion of the education or training that rehabilitative maintenance was meant to fund
• Improvement or worsening of a qualifying disability

The party seeking a change files a Verified Motion to Modify Spousal Maintenance in the original dissolution court. The court holds a hearing, reviews current finances, and issues an amended order.

A few things to know about modification.

Voluntary maintenance agreements merged into the decree are modifiable just like court orders. Agreements incorporated by reference only, and treated as contracts, may require a breach-of-contract action instead of a modification motion, depending on how the court reads the agreement.

Temporary unemployment does not automatically trigger modification. You have to show the change is substantial and continuing, more than a short-term disruption.

There is no automatic inflation adjustment in Indiana maintenance orders. If you want the amount to rise with the cost of living, build that into the agreement.

How does spousal maintenance affect taxes in Indiana?

Federal law changed hard here, and plenty of people are still running on the old rules. For divorce agreements signed after December 31, 2018, alimony (including Indiana spousal maintenance) is no longer deductible by the payer and no longer counted in the recipient's gross income ^[6].

That came from the Tax Cuts and Jobs Act of 2017, and the IRS made it permanent. If your divorce is finalized in 2025 or later, maintenance payments are just a transfer of after-tax dollars.

For divorces finalized before January 1, 2019, the old rules still apply as long as the agreement hasn't been substantially modified. Under those rules, the payer deducted the payments and the recipient reported them as income.

The practical effect for divorces happening now: the tax break that once made maintenance cheaper for paying spouses is gone. Negotiate maintenance amounts on an after-tax basis. A $2,000 per month payment costs the payer $2,000 per month, period.

State taxes work the same way. Indiana imposes a flat income tax rate of 3.05% for tax year 2024, dropping to 3.0% in 2025 ^[7]. Indiana conforms to federal treatment, so maintenance is neither deductible by the payer nor taxable to the recipient for state income tax either.

What happens if an ex-spouse stops paying court-ordered maintenance?

If your ex stops paying, Indiana law gives you several enforcement options. The most direct is an Income Withholding Order, sometimes called wage garnishment.

Under Indiana Code § 31-16-15-1, the court can order the paying spouse's employer to deduct maintenance directly from their paycheck and forward it to you ^[8]. This works for spousal maintenance the same way it does for child support.

Beyond withholding, you can file a Motion for Rule to Show Cause (contempt). If the paying spouse is found in contempt, the court can impose fines or, in bad cases, jail time. Courts take maintenance violations seriously once you bring them forward.

You can also seek judgment on the unpaid amounts. Arrears can be reduced to a money judgment, then collected through property liens, bank levies, or other judgment tools.

Indiana has no centralized enforcement agency for spousal maintenance the way it does for child support (which runs through the Title IV-D program). You file your own enforcement motions, which means you may need an attorney if the other side is stubborn.

One practical step: keep a running ledger of payments received and missed from day one. Courts want documentation.

Does the length of the marriage affect spousal maintenance in Indiana?

Length of marriage is a factor courts weigh, but it is not a trigger by itself. Indiana has no durational threshold like "marriages of 10 years or more get maintenance." What matters is whether the marriage falls into one of the three statutory categories. After that, the length of the marriage helps shape the amount and duration.

That said, length matters in two indirect ways.

First, a long marriage where one spouse left the workforce entirely is more likely to support a successful claim for rehabilitative maintenance, because the employment gap and skills loss are more severe. A spouse who left a professional career 20 years ago needs more retraining than one who left 2 years ago.

Second, when spouses negotiate agreed maintenance instead of litigating, a long marriage is usually the strongest justification for above-cap agreements. Mediators and family law attorneys cite marriage length constantly when advising clients on fair terms.

For short marriages (say, under five years) with no children, no disability, and both spouses working, spousal maintenance is extremely rare in Indiana. Most attorneys would not expect an award absent extraordinary facts.

What should your Indiana divorce settlement agreement say about maintenance?

Your settlement agreement is where you lock down the terms, and vagueness here creates expensive fights later. If you are agreeing to maintenance, or agreeing that neither party will receive it, both need to be in writing.

If you're waiving maintenance: include an explicit mutual waiver clause. Something like: "Neither party shall receive spousal maintenance from the other, and each party waives any right to seek such maintenance in the future." A waiver left out of the agreement can sometimes be reopened, though Indiana courts are skeptical of maintenance claims that were never raised in the original proceedings.

If you're agreeing to maintenance: specify the monthly amount, the payment method (bank transfer, check), the due date each month, the start date, the end date or terminating events (remarriage, death, a specific date), what happens if the paying spouse loses income, and whether the agreement is modifiable.

Address the merger question. State explicitly whether you intend the maintenance provision to be incorporated into and merged with the decree (making it a modifiable court order) or incorporated by reference only (making it a contractual obligation with different enforcement rules). Most Indiana practitioners incorporate and merge, because it gives the recipient access to contempt enforcement.

For divorce papers in an Indiana uncontested divorce, the settlement agreement is usually the most important document you will draft. Get it right the first time.

Frequently asked questions

Is alimony automatic in Indiana after a long marriage?

No. Indiana does not award spousal maintenance automatically based on marriage length. A court must find one of three statutory grounds: a qualifying disability of the receiving spouse, a need to care for a disabled child, or that rehabilitative maintenance is appropriate because the spouse lacks education or skills to be self-supporting. Marriage length alone does not trigger an award. Under Indiana Code § 31-15-7-2, all three grounds have specific requirements.

How long can Indiana spousal maintenance last?

Rehabilitative maintenance, the most common type, is capped at three years under Indiana Code § 31-15-7-2. Maintenance based on a spouse's own physical or mental incapacity has no statutory time cap and can last indefinitely. Maintenance based on caring for a disabled child also has no fixed end date. Agreed maintenance between spouses can last however long both parties agree, even beyond what a court could order.

Can a stay-at-home spouse get spousal maintenance in Indiana?

Possibly, but it is not guaranteed. A stay-at-home spouse may qualify for rehabilitative maintenance if they lack the education, training, or employment skills to be self-supporting and cannot meet their needs with their share of the marital property. Courts award rehabilitative maintenance for a maximum of three years, and the award is meant to fund retraining, not to replicate the marital standard of living indefinitely. A short marriage makes qualifying harder.

What is the difference between spousal maintenance and property division in Indiana?

Property division is a one-time event: the court divides marital assets and debts at the time of the divorce. Indiana presumes a 50/50 split under IC § 31-15-7-4. Spousal maintenance is an ongoing periodic payment from one ex-spouse to the other after the divorce. The two are legally separate. Property settlements are generally final and non-modifiable. Maintenance orders can be modified if circumstances change substantially.

Is Indiana spousal maintenance taxable income?

For divorces finalized after December 31, 2018, no. The Tax Cuts and Jobs Act of 2017 eliminated the deduction for the payer and the income inclusion for the recipient for divorce agreements executed after that date. Indiana conforms to federal treatment. If your divorce is new, maintenance payments are simply after-tax transfers. Divorces finalized before January 1, 2019, still follow the old deduction/inclusion rules unless the agreement has been substantially modified.

Can I waive spousal maintenance in my Indiana divorce agreement?

Yes. Spouses can mutually waive maintenance in their settlement agreement, and courts will enforce that waiver. Include an explicit waiver clause in the agreement, signed by both parties. An unwritten or implied waiver is much harder to enforce. Once the agreement is incorporated into the final decree, it is very difficult to reopen a maintenance claim that was explicitly waived.

How do I enforce a spousal maintenance order in Indiana if my ex stops paying?

File a Motion for Rule to Show Cause (contempt) in the original dissolution court. You can also request an Income Withholding Order directing the paying spouse's employer to deduct payments automatically. Unpaid maintenance can be reduced to a money judgment. Indiana does not have a centralized spousal maintenance enforcement agency the way it does for child support, so you will need to initiate enforcement proceedings yourself, potentially with an attorney's help.

Does Indiana spousal maintenance end if the receiving spouse remarries?

Yes. Indiana Code § 31-15-7-3 terminates spousal maintenance upon the remarriage of the receiving spouse. It also terminates upon the death of either party. Cohabitation does not automatically terminate maintenance under Indiana statute, though it can be grounds for a modification petition by the paying spouse if they can show a substantial change in the recipient's financial circumstances.

Can Indiana spouses agree to more maintenance than a court would order?

Yes. Agreed maintenance terms are not subject to the statutory caps that apply to court-ordered maintenance. Spouses can agree to payments lasting longer than three years, to lump-sum arrangements, or to amounts that exceed what a judge would award. Courts will approve agreed terms as long as the agreement appears voluntary and not unconscionable. Getting the agreement drafted clearly is critical to making it enforceable.

What forms do I need to address spousal maintenance in an Indiana uncontested divorce?

The Settlement Agreement (sometimes called a Marital Settlement Agreement or Property Settlement Agreement) is the primary place to address maintenance. It must be signed by both spouses and filed with the court. Your Petition for Dissolution of Marriage should also indicate whether maintenance is being requested. The Indiana Supreme Court's Division of State Court Administration provides standardized forms, though some counties require local forms. Check your specific county court's website.

How much does it cost to file for divorce in Indiana if maintenance is involved?

The filing fee for a dissolution petition in Indiana ranges from roughly $132 to $176 depending on the county, with some counties adding surcharges. Adding spousal maintenance to an uncontested case does not change the filing fee. Where costs escalate is in attorney fees if the maintenance issue is contested: hourly rates for Indiana family law attorneys typically range from $175 to $350 per hour, and a contested maintenance hearing adds significant billable time.

Can spousal maintenance be modified after it is ordered in Indiana?

Yes, court-ordered maintenance can be modified on a showing of a substantial and continuing change in circumstances that makes the original order unreasonable. Filing a Verified Motion to Modify Spousal Maintenance in the original dissolution court starts the process. Job loss, disability, or the receiving spouse completing job training are common modification grounds. Agreed maintenance that is merged into the decree is modifiable; maintenance treated purely as a contract may require different legal proceedings.

Does Indiana consider fault, like adultery, when awarding spousal maintenance?

Indiana is a no-fault divorce state under IC § 31-15-2-3, which means the court can dissolve a marriage solely on the ground that the marriage is irretrievably broken. Fault, including adultery, is generally not a factor in property division or spousal maintenance awards in Indiana courts. Some other states allow fault to increase or decrease maintenance; Indiana law does not explicitly authorize courts to do so.

Sources

1. Indiana Legislature, Indiana Code § 31-15-7-1 through 31-15-7-3 (Spousal Maintenance): Indiana's three grounds for spousal maintenance, the three-year cap on rehabilitative maintenance, and termination upon remarriage or death
2. Indiana Supreme Court Division of State Court Administration, Child Support Guidelines: Indiana uses an Income Shares model for child support with a specific calculation worksheet, distinct from the discretionary spousal maintenance standard
3. Indiana Legislature, Indiana Code § 31-15-7-4 (Presumption of equal division of marital property): Indiana presumes a 50/50 split of marital property is just and reasonable in dissolution proceedings
4. Indiana Supreme Court Division of State Court Administration, Dissolution of Marriage Forms: Indiana provides standardized dissolution forms statewide through the Division of State Court Administration; some counties supplement with local forms
5. Indiana Courts, Court Fees and Costs Information: Indiana county filing fees for dissolution of marriage range approximately $132 to $176, varying by county
6. IRS, Publication 504 (Divorced or Separated Individuals): Under the Tax Cuts and Jobs Act of 2017, alimony paid under divorce agreements executed after December 31, 2018 is not deductible by the payer and not included in the recipient's gross income
7. Indiana Department of Revenue, Individual Income Tax Rates: Indiana's flat individual income tax rate is 3.05% for tax year 2024, declining to 3.0% in 2025
8. Indiana Legislature, Indiana Code § 31-16-15-1 (Income Withholding Orders): Indiana courts can issue income withholding orders for spousal maintenance directing employers to deduct payments from the paying spouse's wages
9. Indiana Legislature, Indiana Code § 31-15-2-3 (No-fault dissolution grounds): Indiana is a no-fault divorce state; irretrievable breakdown of the marriage is sufficient grounds for dissolution without proof of fault
10. Indiana Legal Services, Self-Help Resources for Family Law: Indiana Legal Services provides self-help resources for dissolution including guidance on spousal maintenance eligibility