If at the time of the divorce, your spouse is disabled and would need some level of support in order to maintain living expenses, then the Court has discretion to order spousal maintenance in this circumstance.
This can be limited by the person's disability. For instance, if the disabled person is ever able to get to the point where their disability no longer limits their ability to work, then it may be possible for the Court to terminate this order.
Spousal Maintenance for a Disabled Child
In a situation where the parties have a child that is disabled, and the child's disability precludes one of the parents from working, then it is possible for the Court to consider spousal maintenance in this situation.
Again, this can be limited if the child gets to the point where he or she no longer needs constant care from the parent, and the parent is able to return to work, then the Court may modify the order.
Spousal Maintenance for Career Rehabilitation
One of the most litigated aspects of spousal maintenance is the need for career rehabilitation. Indiana law allows for spousal support in situations where one spouse was a homemaker and gave up a career to do that, then the party may be able to receive some support to allow him or her the time necessary to reenter the workforce.
This area of spousal maintenance is limited by statute, in that a Court cannot extend this beyond three years.
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