Reviewed August 2026
Spousal Support in Indiana
Indiana calls spousal support maintenance. Unlike most states, Indiana courts award it only in narrow, specific circumstances. There is no broad best-interest or need-based analysis. Courts decide maintenance as part of a dissolution of marriage case, under Indiana Code § 31-15-7-2. The statute allows maintenance in three situations only. The first applies when a spouse is physically or mentally incapacitated in a way that materially affects their ability to support themselves. The second applies when a spouse lacks sufficient property and is the custodian of a child. In that case, the child's incapacity requires the custodian to stay out of paid work. The third is rehabilitative maintenance. It helps a spouse become self-supporting. Rehabilitative maintenance is the most commonly requested category. Indiana caps it by statute at a maximum of three years. Indiana has no general, open-ended alimony award like many other states. A spouse who does not fit one of the three statutory categories generally cannot receive court-ordered maintenance.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how spousal support works under Indiana law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Indiana paperwork. See how Virdix works for California divorces.
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The three statutory grounds
Ind. Code § 31-15-7-2 limits maintenance to three circumstances. First, incapacity maintenance applies when a spouse's physical or mental incapacity materially affects their ability to support themselves. That incapacity must have arisen during the marriage. Second, maintenance can go to a spouse who lacks sufficient property and has custody of a child. The child's incapacity must require the custodian to forgo outside employment. Third, rehabilitative maintenance can help a spouse who needs education or training to find appropriate employment.
The three-year cap on rehabilitative maintenance
When a court awards maintenance on rehabilitative grounds, Indiana law limits the term to three years from the date of the final decree. Within that window, the court weighs several factors. These include the educational level of each spouse at the time of the marriage and at the time the case is filed. Judges also ask whether an interruption in education or career happened because of homemaking or child-rearing. Finally, the court considers the time and expense needed to acquire sufficient education or training.
Property division does more work in Indiana
Maintenance is limited to these narrow categories. Because of that, Indiana divorces often lean more heavily on the division of marital property to address financial disparities between spouses. Spouses negotiating a settlement in Indiana should not assume ongoing support will be available outside these three grounds. That limit should factor into how property gets divided.
Modification and termination
A court can modify a maintenance order if circumstances change, subject to the statutory grounds that justified the original award. Incapacity and child-custodian maintenance depend on an ongoing condition. Rehabilitative maintenance is capped at three years. Because of these limits, Indiana maintenance orders tend to be more clearly time-limited than open-ended alimony awards elsewhere. Remarriage of the recipient generally ends an award tied to need.
Sources: Indiana General Assembly - Indiana Code Title 31 (Family Law, includes IC 31-15-7-2), Indiana Courts - self-service legal center, IRS Tax Topic 452, Alimony and Separate Maintenance
Not independently confirmed
- The Indiana General Assembly's law browsing site is a dynamic application; the exact current text of IC 31-15-7-2 should be confirmed by searching Title 31, Article 15, Chapter 7 at the linked page rather than relying on a static excerpt.
Spousal Support in Indiana: frequently asked questions
What is alimony called in Indiana, and is it hard to get?+
Indiana uses the term spousal maintenance. It is more limited than alimony in most states. Ind. Code § 31-15-7-2 only authorizes maintenance for spousal incapacity, custodial responsibility for an incapacitated child, or rehabilitative purposes. A spouse who does not fit one of these categories generally cannot receive it.
How long can rehabilitative maintenance last in Indiana?+
Rehabilitative maintenance is capped at a maximum of three years from the date of the final dissolution decree, under Ind. Code § 31-15-7-2. Within that period, the court considers factors like educational interruptions and the time needed to gain employable skills.
Can I get maintenance in Indiana just because my spouse earns much more than I do?+
Not automatically. Indiana does not award maintenance based purely on an income gap. To qualify, a spouse must fit one of three statutory categories: incapacity, custodial care of an incapacitated child, or a rehabilitative need for education or training.
Why does property division matter more in an Indiana divorce?+
Maintenance is limited to narrow statutory grounds. Because of that, Indiana courts and spouses often use the division of marital property to address financial imbalances. A broader alimony statute might otherwise handle those imbalances through ongoing support payments.
Does remarriage end maintenance in Indiana?+
Generally, yes, for need-based maintenance. Remarriage typically changes the recipient's financial circumstances. Maintenance tied to an ongoing incapacity or child-custodian situation depends more on whether that underlying condition continues.
Is spousal maintenance taxable in Indiana?+
For divorces finalized after December 31, 2018, federal law changed under the Tax Cuts and Jobs Act. The paying spouse can no longer deduct maintenance, and the recipient no longer treats it as taxable income. Agreements executed before 2019 generally keep the older tax treatment unless later modified.
This page is general information about spousal support in Indiana, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Indiana's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Indiana. Virdix does not prepare or file Indiana divorce paperwork. It is not a substitute for an attorney licensed in Indiana.
More Indiana divorce guides
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