Indiana alimony laws don’t actually use the word “alimony.” The state calls it spousal maintenance, and a judge can only order it in three narrow situations: when a spouse is incapacitated, when a spouse cares for a disabled child and can’t work, or when a spouse needs short-term help to re-enter the workforce. Outside those three categories, no Indiana court can force one spouse to pay the other. You can still negotiate maintenance voluntarily in a settlement agreement, and that’s how most Indiana spouses who receive support actually get it.
The Three Grounds a Court Can Order Maintenance
Indiana Code 31-15-7-2 sets out the only three scenarios where a judge can impose maintenance over the other spouse’s objection. Each has its own requirements and its own time limits.1Indiana General Assembly. Indiana Code 31-15-7-2 – Findings Concerning Maintenance
Incapacity Maintenance
Available when a spouse has a physical or mental condition that “materially affects” their ability to support themselves. That’s a high bar, and it takes medical evidence: diagnoses, treatment history, and a physician’s statement tying the condition to an inability to hold gainful employment. A Social Security disability award letter helps considerably.
Incapacity maintenance lasts as long as the incapacity does, but the order remains “subject to further order of the court.” If the recipient’s condition improves, the paying spouse can go back and ask for a reduction or termination. If it worsens, the recipient can ask for more.
Caregiver Maintenance
Available when a spouse is the custodian of a child whose physical or mental disability requires the parent to give up outside employment. Two things have to be true at once: the child’s needs must genuinely prevent the parent from working, and the requesting spouse must lack sufficient property, including their share of the marital estate, to cover their own needs. The amount and duration are left to the court’s discretion.
Rehabilitative Maintenance
This is the most commonly awarded type. It’s for spouses who put education or a career on hold during the marriage and need time to get back on their feet. The statute directs the court to consider four factors:
- Each spouse’s education level at the time of the marriage and at the time the divorce action begins
- Whether the requesting spouse interrupted education, training, or employment for homemaking or child care responsibilities
- Each spouse’s earning capacity based on training, skills, work experience, and time away from the job market
- The time and expense required for the requesting spouse to get the education or training needed to find appropriate employment
The hard cap is three years from the date of the final decree. No matter the circumstances, a court cannot extend rehabilitative maintenance past 36 months, and it often runs shorter.
Maintenance by Agreement
The three statutory grounds above are the ceiling on what a judge can order. They aren’t the ceiling on what spouses can agree to. If both sides negotiate a maintenance provision as part of their settlement, judges will generally approve it as long as the terms look fair and both people entered the agreement willingly.
Most Indiana divorces settle without a trial, and if your situation doesn’t fit incapacity, caregiving, or rehabilitation, an agreed provision is often the only realistic route to support. These provisions work more like contracts than court orders, so the exact language matters. Spell out the amount, the duration, the payment schedule, and any events that would end or change the obligation. Vague drafting invites future fights.
Temporary Maintenance While the Divorce Is Pending
Either spouse can also request temporary maintenance during the case itself. Under Indiana Code 31-15-4-8, the court can enter a temporary order “in such amounts and on such terms that are just and proper.”2Indiana General Assembly. Indiana Code 31-15-4-8 – Temporary Orders This is separate from post-divorce maintenance and isn’t limited by the three statutory categories; the point is to keep both households stable while the case works through the system.
You request it by filing a motion under Indiana Code 31-15-4-1 within the dissolution or legal separation proceeding. The order ends when the court issues its final decree.3Justia. Indiana Code Title 31 Article 15 Chapter 4 – Provisional Orders in Dissolution
How the Amount Gets Decided
Indiana has no maintenance formula. Unlike child support, there’s no guideline calculator. Judges have broad discretion, and the analysis depends on the type of maintenance at issue.
For rehabilitative maintenance, the practical question is what the requesting spouse needs to finish a degree, certificate, or training program and how long it will take. Courts weigh tuition, living expenses during training, and the gap between current earnings and post-training earnings. A two-year nursing program produces a different award than a six-month coding bootcamp.
For incapacity and caregiver maintenance, the court weighs both spouses’ combined resources against the costs tied to the disability or the care situation. The requesting spouse’s share of the marital property factors in heavily. Indiana starts from a presumption that marital property is divided equally, and courts can deviate from a 50/50 split to address financial imbalances that other states would handle through alimony.4Indiana General Assembly. Indiana Code 31-15-7-5 – Presumption for Equal Division of Marital Property If the property award already covers the requesting spouse’s needs, the court may decline to add maintenance on top.
Across all three types, the paying spouse’s ability to pay matters. A court won’t impose maintenance that leaves the payer unable to meet their own reasonable living expenses.
Modifying or Ending a Maintenance Order
Incapacity maintenance is explicitly modifiable. Either party can return to court if the recipient’s condition changes.
Rehabilitative maintenance has the three-year statutory ceiling built in. Within that window, modification generally requires showing a substantial change in circumstances since the original order.
For maintenance built into a settlement agreement, the agreement controls. If it says payments end on remarriage, they end on remarriage. If it’s silent on remarriage, payments may continue. The same goes for cohabitation with a new partner and for the death of either party. Death of either spouse typically ends the obligation unless the order or agreement says otherwise. Address these events explicitly at the settlement stage; it’s much cheaper than litigating them later.
Taxes and SSI
For any divorce or separation agreement signed after December 31, 2018, maintenance payments are not deductible by the payer and not taxable to the recipient. The Tax Cuts and Jobs Act flipped the old rule, and every Indiana maintenance order entered since 2019 falls under the new treatment.5Internal Revenue Service. Topic No. 452, Alimony and Separate Maintenance The old rules still apply to pre-2019 agreements unless a later modification specifically opts into the new ones.
If you receive Supplemental Security Income, maintenance counts as unearned income and reduces your SSI check. The Social Security Administration subtracts countable income from the federal benefit rate ($994 per month for an individual in 2026) to set your payment, with the first $20 of most unearned income excluded.6Social Security Administration. SSI Federal Payment Amounts for 20267Social Security Administration. Understanding Supplemental Security Income SSI Income Enough maintenance can wipe out SSI eligibility entirely. Social Security Disability Insurance is based on work history, not current income, and isn’t reduced by maintenance the same way.
How to File
A maintenance request isn’t a standalone case. You raise it inside the divorce, either in the petition for dissolution or by motion in the existing case.
Gather Financial Documentation
Indiana counties generally require a verified financial declaration covering monthly expenses for housing, utilities, healthcare, and other living costs, along with recent pay stubs and the last three federal tax returns.8Tippecanoe County, Indiana. Appendix H Financial Declaration Dissolution Requirements vary by county; check with your local clerk. If you’re seeking incapacity maintenance, gather medical records, a physician’s statement, and any SSA disability award letter.
File and Pay the Fee
File with the clerk of court in the county handling the divorce, in person or through Indiana’s electronic filing system. The filing fee for a new civil case is $157, or $185 if you want the sheriff to serve the paperwork.9Indiana State Board of Accounts. 2025 Court Costs and Fees by Case Type You can request a fee waiver by showing financial need.10Indiana Legal Help. Filing Fee Frequently Asked Questions
Serve the Other Spouse
Indiana Trial Procedure Rule 4.1 permits service by certified mail with return receipt, personal delivery, or leaving copies at the person’s home.11Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 4.1 Summons: Service on Individuals Sheriff service and certified mail through the clerk are the two most common methods.12Indiana Legal Help. Service Frequently Asked Questions
Attend the Hearing
Once service is confirmed, the court sets a hearing. Both sides present evidence, and the judge decides whether maintenance is warranted, in what amount, and for how long. If you reach an agreement first, you can submit the agreed terms for approval instead of litigating. Given how narrow the statutory grounds are, an agreement is often the more reliable route.