§ 31-15-7-2 — Findings concerning maintenance

Indiana § 31-15-7-2

• Jurisdiction: Indiana
• Art. 15: FAMILY LAW: DISSOLUTION OF MARRIAGE
• Ch. 7: Disposition of Property and Maintenance

Text

A court may make the following findings
concerning maintenance:
(1) If the court finds a spouse to be physically or mentally
incapacitated to the extent that the ability of the incapacitated
spouse to support himself or herself is materially affected, the
court may find that maintenance for the spouse is necessary
during the period of incapacity, subject to further order of the
court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital
property apportioned to the spouse, to provide for the spouse's
needs; and
(B) the spouse is the custodian of a child whose physical or
mental incapacity requires the custodian to forgo employment;
the court may find that maintenance is necessary for the spouse in
an amount and for a period of time that the court considers
appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of marriage
and at the time the action is commenced;
(B) whether an interruption in the education, training, or
employment of a spouse who is seeking maintenance occurred
during the marriage as a result of homemaking or child care
responsibilities, or both;
(C) the earning capacity of each spouse, including educational
background, training, employment skills, work experience, and
length of presence in or absence from the job market; and
(D) the time and expense necessary to acquire sufficient
education or training to enable the spouse who is seeking
maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse
seeking maintenance is necessary in an amount and for a period
of time that the court considers appropriate, but not to exceed
three (3) years from the date of the final decree.
[Pre-1997 Recodification Citation: 31-1-11.5-11(e)
part.]

Legislative History

As added by P.L.1-1997, SEC.7.