Is there a time limit on a legal separation in Indiana. My husband is disabled, only income is SSI and small business income

UPDATED: May 10, 2009

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Is there a time limit on a legal separation in Indiana. My husband is disabled, only income is SSI and small business income

I won’t have to pay my husband support will I? he receives SSI and owns a small business sole proprietor. I basically pay all the bills except for app 200 out of his SSI check. I work full time and the reason for the separation is so he can stay on my health insurance as he has major health issues. Will the courts look at that and make me pay him support? Also he left me and didnt’ take his necessary medications or equipment for his health. Can that not be constituted as incompetant? He is telling people i hit him and threw things which i did not do..any advice on that?

Asked on May 10, 2009 under Family Law, Indiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Why havne't you hire a divorce attorney yet? Every state has complicated laws regarding what the legal implications are of LEGAL separation (which is done through the court) and what that means in terms of your marital property (assets and liabilities).  In most states, whatever each of you earn or owe during the time of legal separation is your separate property and debt.  Nothing is owed in terms of support until divorce occurs and a divorce decree is made addressing this issue and other issues, including separation of property, SSI payments, your ownership share if any and for how long in his business, etc.


In Indiana, see the following:


Indiana is a no-fault divorce state.

This means that the party who wants a divorce does not have to show a specific misbehavior on the part of the other spouse, such as adultery, abandonment, drunkenness or addiction, abuse, etc.

The party simply has to state that there is no chance the marriage will be patched up, and that is sufficient grounds for a divorce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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