Spousal maintenance (often called alimony) in Indiana is court-ordered financial support paid by one former spouse to the other after separation or divorce. Unlike many states, Indiana refers to spousal support as "spousal maintenance" under the Indiana Code. Indiana law is generally restrictive — maintenance is not automatically granted and is limited to specific circumstances. This page is a neutral information resource – we are not a law firm, but we help you understand when maintenance is available, how courts calculate it, and what factors matter most under Indiana law.
Indiana does not have "general" alimony based on disparity in income or standard of living. Instead, maintenance is only available in three specific scenarios under I.C. §31-15-7-1 through §31-15-7-5:
| Type | Description | Typical Duration |
|---|---|---|
| Incapacity Maintenance | A spouse is physically or mentally incapacitated to the extent that they cannot support themselves. The incapacity must exist at the time of separation or divorce. | Indefinite or for period of incapacity; modifiable |
| Caregiver Maintenance | A spouse must care for a child with physical or mental disabilities, making employment outside the home unreasonable. | Until circumstances change (child no longer requires full-time care) |
| Rehabilitative Maintenance | A spouse needs education, training, or work experience to become self-sufficient. Limited to cases where the spouse supported the other during marriage (e.g., homemaker role) or lost job skills due to marriage. | Fixed term, usually 1–3 years, non-modifiable |
📌 Note: Indiana courts cannot award maintenance simply because one spouse earns more than the other. The requesting spouse must prove one of the three statutory grounds.
Unlike some states, Indiana courts do not have discretion to award open‑ended "alimony" based solely on need and ability to pay. Maintenance is strictly limited to the three statutory types.
Incapacity maintenance: Continues as long as the disability lasts; can be indefinite but subject to review.
Caregiver maintenance: Ends when the child no longer requires full‑time care due to disability.
Rehabilitative maintenance: Fixed term stated in the order (e.g., 24 months). Not extendable except in rare circumstances.
Incapacity maintenance – Yes, if there is a substantial and continuing change in circumstances (e.g., recipient’s health improves, payor loses job).
Caregiver maintenance – Yes, when the child's condition or care needs change.
Rehabilitative maintenance – Generally not modifiable because it has a fixed term and purpose.
Maintenance terminates upon death of either spouse. Remarriage of the recipient automatically terminates maintenance unless the order specifically states otherwise (rare). Cohabitation is not an automatic termination ground in Indiana, but courts may consider it a change of circumstances.
Indiana does not have a statewide maintenance calculator or percentage guideline. Judges have broad discretion within each statutory category. Below are general illustrative ranges based on case law and family law practitioner surveys — these are not guarantees.
⚠️ These figures are illustrative only. Actual maintenance amounts depend on specific evidence of incapacity, caregiving needs, or rehabilitation plan. Indiana courts emphasize that maintenance should be just and reasonable under the circumstances.
Under the federal Tax Cuts and Jobs Act (TCJA), for divorce or separation agreements executed after December 31, 2018, maintenance payments are not deductible by the payor and not taxable to the recipient. This applies to all Indiana spousal maintenance orders issued after 2018. Indiana has a state income tax (flat rate 3.15% as of 2026), but maintenance is treated the same as federal: not deductible on state returns and not included as income by the recipient. For pre‑2019 agreements, the old rules (deductible/includable) may still apply.
IRS Publication 504 post‑2019 decree Always consult a tax professional for individual advice.
Hiring a lawyer for a spousal maintenance dispute (or to negotiate a settlement) requires understanding typical rates. Below are average hourly rates and retainers for Indiana family law attorneys based on independent research (2026–2026 data).
| Indiana metro area | Average hourly rate (family law) | Typical retainer (contested maintenance) |
|---|---|---|
| Indianapolis (Marion Co.) | $325 – $475 | $3,000 – $7,500 |
| Fort Wayne (Allen Co.) | $280 – $420 | $2,500 – $6,000 |
| Evansville (Vanderburgh Co.) | $260 – $400 | $2,200 – $5,500 |
| South Bend (St. Joseph Co.) | $250 – $390 | $2,000 – $5,000 |
| Bloomington / Lafayette / Muncie | $230 – $360 | $1,800 – $4,500 |
| Rural Indiana counties | $200 – $320 | $1,500 – $3,500 |
Many attorneys offer free or low‑cost initial consultations. For uncontested divorces with an agreed maintenance amount, flat fees may range $1,200 – $3,000. Contested incapacity maintenance cases involving medical experts can cost significantly more ($8,000 – $20,000+).
📘 Source: independent survey of Indiana family law attorneys (2026). Rates vary based on experience, case complexity, and county.
Indiana State Bar Association offers a lawyer referral service. Low‑income individuals may qualify for free legal aid through Indiana Legal Services (ILS) or district pro bono projects.
No. Indiana does not use a mathematical formula or guideline. Maintenance is only available in three specific situations (incapacity, caregiver, rehabilitative). The amount is determined by the judge based on evidence of need and ability to pay within those categories.
There is no minimum marriage length, but longer marriages may strengthen an incapacity or rehabilitative claim. However, marriage duration alone is not grounds for maintenance. Indiana does not award maintenance solely based on length of marriage.
Not automatically. Income disparity alone is not a legal basis for maintenance in Indiana. You must prove incapacity, caregiver responsibilities, or need for rehabilitation.
Incapacity and caregiver maintenance can be modified upon a showing of substantial and continuing change of circumstances. Rehabilitative maintenance (fixed term) is generally not modifiable.
Remarriage of the recipient automatically terminates maintenance unless the order says otherwise (rare). Cohabitation is not an automatic termination but can be a factor in a modification request as a change of circumstances.
For post‑2018 orders, maintenance is not deductible by the payor and not taxable to the recipient under federal law. Indiana follows federal treatment; maintenance is not included in Indiana adjusted gross income.
We are an independent information platform, not a law firm. We do not provide legal advice, nor are we an attorney referral service. This content explains Indiana spousal maintenance concepts, statutory types, and common practices to help you better understand your options. Every case is unique. For advice tailored to your situation, consult a qualified Indiana family law attorney.
📘 Sources: Indiana Code §31-15-7-1 et seq., Indiana State Bar Association, family law practitioner interviews (2026), and independent legal research.