Indiana · Alimony · Updated Oct 2026

Alimony in Indiana

What Indiana law says about alimony: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

In short

In Indiana, alimony is called maintenance, and limited. The court may order it only (1) for a spouse who is physically or mentally incapacitated, during the incapacity; (2) for a spouse caring for an incapacitated child who must stay home; or (3) as rehabilitative maintenance for education or training, for no more than 3 years after the decree.

What Indiana calls it
maintenance
Property division
Equitable distribution
Law
Ind. Code 31-15-7-2.

Alimony rules in Indiana

  • Called maintenance, and limited.
  • The court may order it only (1) for a spouse who is physically or mentally incapacitated, during the incapacity; (2) for a spouse caring for an incapacitated child who must stay home; or (3) as rehabilitative maintenance for education or training, for no more than 3 years after the decree.

Law: Ind. Code 31-15-7-2.

Good to know

Indiana alimony is narrow: aside from incapacity cases, it is rehabilitative and capped at 3 years (Ind. Code 31-15-7-2).

Alimony and property in Indiana

Alimony is decided separately from how property and debts are divided.

System
Equitable distribution
The rule
All property of both spouses goes into the marital pot, and the court presumes an equal split is fair. Either spouse can argue for a different split based on things like who brought property into the marriage, gifts and inheritances, contributions, and economic circumstances.

How to ask for alimony in Indiana

  1. Ask for it in your divorce papers

    Spousal support is decided in the divorce case: ask for it in your petition, or in your response if your spouse filed. Use the court's official divorce forms: Divorce forms (Indiana courts)

  2. Pay the fee or ask for a waiver

    $157 to file a new civil case, or $185 including sheriff service (Indiana Legal Help). Can't afford it? Ask the court to waive the fee with a filing fee waiver request; Indiana Legal Help explains the requirements and links the form: https://indianalegalhelp.org/filing-fee-frequently-asked-questions/.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Common; courts often order mediation in contested family cases.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Indiana

How does alimony work in Indiana?

Called maintenance, and limited. The court may order it only (1) for a spouse who is physically or mentally incapacitated, during the incapacity; (2) for a spouse caring for an incapacitated child who must stay home; or (3) as rehabilitative maintenance for education or training, for no more than 3 years after the decree.

Is Indiana a community property state?

No. Indiana uses equitable distribution. All property of both spouses goes into the marital pot, and the court presumes an equal split is fair. Either spouse can argue for a different split based on things like who brought property into the marriage, gifts and inheritances, contributions, and economic circumstances.

More about divorce in Indiana

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.