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How does education and training impact spousal maintenance?

On Behalf of | Aug 30, 2022 | Family Law |

Spousal maintenance—also referred to as alimony—is often a topic for dispute in an Indiana divorce. For the paying party and the receiving party, it is important to understand the various factors that are considered when the support order is made. That includes the amount and duration. One key part of the court’s decision is the level of education and training the receiving party has and how that impacts their ability to earn a living. The law specifically addresses this.

What does the court consider with education and training for spousal maintenance?

Education and training are frequently the keys to getting employment and having the opportunity to advance. However, in many marriages, one person put their career and education to the side to help the spouse achieve their goals. They might have been a homemaker or even helped finance the other person’s education and training. When there is a divorce, this will be assessed as part of the spousal maintenance determination.

The court will look at the education levels of both when they were married and when the divorce action commenced. It will consider if there was a break in the education, training and employment of the person who is asking for maintenance due to their decision to be a homemaker or put their education and training on hold.

Earning capacity is linked to education and training. So too is work experience and how long the person was absent from the job market. The person who is asking for maintenance may need time and training to garner skills to find a job. The court can order rehabilitative maintenance while they get training and education. It is limited to a maximum of three years from the date of the decree.

Having professional help can be key with spousal maintenance disputes

Divorce is difficult enough personally and emotionally without wondering how much spousal maintenance will be, how long it will last and what is considered. It is imperative for those who need time to get into a position where they can support themselves are given time to go to school, learn a trade or relearn previous skills from work they did before. For this and other areas of divorce and legal separation, it is important for both sides to have comprehensive assistance. This is crucial with reaching a fair and equitable resolution to move forward.