If my husband of 11 years left me for another woman and I file for divorce, am I entitled to spousal support and payment of my legal fees?

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If my husband of 11 years left me for another woman and I file for divorce, am I entitled to spousal support and payment of my legal fees?

We both work but he makes more money than I do.

Asked on April 27, 2011 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Here is what I have found regarding spousal support in Indiana.  Please note that Indiana generally discourages permanent alimony.

The court considers the following factors when granting spousal maintenance, as it is called:

 

If a spouse is physically or mentally incapacitated, and can't support himself or herself, the court may award alimony during the period of incapacity.

  • If the spouse is the custodian of a child and can not support himself or herself, the court may award maintenance for as long as the court thinks is appropriate.
  • Otherwise the court may order spousal maintenance for up to three years, based on considerations of how long it will take the spouse to become self-supporting.

The considerations for the up-to-3-year alimony are:

 

  • The educational level of each spouse at the time of the marriage and divorce.
  • Whether one spouse interrupted education or career to be a homemaker or parent.
  • Earning capacity, based on education, skills, work experience, and absence from the job market.
  • The time and expense necessary to get education or training necessary to find appropriate employment.

Good luck.


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