Indiana Maintenance: Eligibility, Amount, and Duration
September 10, 2026 · LawDiver Research Team
Indiana calls post-divorce spousal payments maintenance. Awards are governed primarily by Ind. Code § 31-15-7-2. This guide covers eligibility, how courts set amount and duration, when support ends, and how Indiana case law frames the analysis. Open linked opinions in LawDiver for the full text.
Primary keywords: Indiana maintenance, Indiana Code 31-15-7-2, Indiana rehabilitative maintenance, Indiana no alimony
Key takeaways
- Indiana uses the term maintenance under Ind. Code § 31-15-7-2.
- Amount and duration are largely discretionary, guided by statutory factors. Indiana maintenance is unusually narrow: available mainly for physically or mentally incapacitated spouses, or for a brief rehabilitative period while a spouse seeks education/training after caregiving a child or lacking sufficient property. No general needs-based formula.
- Common forms include: Incapacity maintenance and short-term rehabilitative maintenance only—no broad “standard” alimony category.
- Duration framework: Rehabilitative maintenance is time-limited to the period of education or training; incapacity maintenance lasts while the condition persists.
- Permanent / indefinite support: Only in the limited incapacity scenario; otherwise no general permanent alimony.
- Companion child-support guide: Indiana child support guidelines.
What maintenance is (and is not)
Maintenance is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Ind. Child Support Rules & Guidelines; Ind. Code § 31-16-6-1) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to maintenance. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Indiana's statutory framework.
Eligibility and statutory factors
Indiana maintenance is unusually narrow: available mainly for physically or mentally incapacitated spouses, or for a brief rehabilitative period while a spouse seeks education/training after caregiving a child or lacking sufficient property. No general needs-based formula.
Fault. Fault is not the statutory gateway; eligibility turns on incapacity or rehabilitative criteria.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of maintenance in Indiana
Incapacity maintenance and short-term rehabilitative maintenance only—no broad “standard” alimony category.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Indiana does not use a statewide calculator for final maintenance. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long maintenance lasts
Rehabilitative maintenance is time-limited to the period of education or training; incapacity maintenance lasts while the condition persists.
Permanent / indefinite support. Only in the limited incapacity scenario; otherwise no general permanent alimony.
When maintenance ends or can be changed
End of incapacity, completion of the rehabilitative period, death, or remarriage as ordered.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Indiana-specific.
Taxes
TCJA federal rules apply when maintenance is ordered post-2018; given rarity of awards, tax issues arise less often than in other states.
Child support remains non-deductible and non-taxable. Do not assume maintenance treatment mirrors child support.
Case law: how Indiana courts decide maintenance
These LawDiver opinions illustrate how Indiana appellate courts discuss need, ability to pay, duration, and related issues:
In Re the Marriage of Michael K. KIZZIAH, Appellant-Petitioner, v. Angie C. KIZZIAH, Appellee-Respondent
…of marital assets, custody, child support, visitation, and alimony. The trial court approved the Agreement and incorporated it into a dissolution decree. Michael agreed to pay Angie $606 monthly for alimony. The Agreement stated that this amount is "fixed until [Angie] remarries at which time [Michael's] obligation for payment of this support to [Angie] denominated as alimony…
Use this decision — and the surrounding Indiana appellate line — when briefing need, ability to pay, duration, or modification of maintenance.
In Re the Marriage of Harold E. BEAN, Jr., Appellant-Respondent, v. Carol A. BEAN, Appellee-Petitioner
…bt "to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child in connection with a separation agreement, divorce decree or other order of a court of ree-ord."3 Id. (quoting then 11 U.S.C. § 528(a)(5)). State courts have concurrent jurisdiction with federal courts to determine what constitutes a nondischargeable maint…
Use this decision — and the surrounding Indiana appellate line — when briefing need, ability to pay, duration, or modification of maintenance.
In Re the Marriage of Judy (Gonser) SCHROCK, Appellant-Petitioner, v. William A. GONSER, Appellee-R — Baker, J
…gislature, however, had difficulty determining questions of alimony. Thus, prior to the adoption of the Indiana Constitution in 1851, divorce proceedings were regarded as belonging to the equity courts, who had authority to determine child custody decisions as well as settle all property rights between parties. Id. As a result, while divorces were considered "civil actions," th…
Use this decision — and the surrounding Indiana appellate line — when briefing need, ability to pay, duration, or modification of maintenance.
Practical checklist
- Identify the correct statutory label (maintenance) and controlling section (Ind. Code § 31-15-7-2).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Indiana law makes it relevant to eligibility or amount.
- Search LawDiver for recent Indiana decisions before mediation.
- Cross-check child support interactions via the Indiana child support guide.
Frequently asked questions
Does Indiana still award permanent maintenance?
Only in the limited incapacity scenario; otherwise no general permanent alimony.
How is maintenance calculated in Indiana?
Indiana leaves amount largely to judicial discretion under Ind. Code § 31-15-7-2, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive maintenance?
Rehabilitative maintenance is time-limited to the period of education or training; incapacity maintenance lasts while the condition persists. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end maintenance?
End of incapacity, completion of the rehabilitative period, death, or remarriage as ordered.
Is maintenance taxable?
TCJA federal rules apply when maintenance is ordered post-2018; given rarity of awards, tax issues arise less often than in other states.
Where can I read Indiana maintenance opinions?
Open the cases linked above or search LawDiver scoped to Indiana. For support of children, see the Indiana child support guidelines guide.
Disclaimer
This article provides general information about Indiana maintenance and is not legal advice. Confirm the current text of Ind. Code § 31-15-7-2 and consult a licensed Indiana family-law attorney before acting on any rule described here.