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 12 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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