Lake County, Indiana – Alimony/Spousal Maintenance Attorneys
Divorce is almost never an easy process to get through. This is true regardless of the circumstances. Even those individuals who are amicably splitting, for example, could find the process an unexpectedly complicated and traumatic one. Instead of attempting to handle it all on your own, you should really consider reaching out to an experienced attorney who can help you ensure that your rights are upheld, and that the process goes as quickly as possible. You might not be in any emotional condition to scour over legal documents, so why not let someone experienced in doing just that help you on your way?
There are certain situations when it comes to divorce that are more frustrating and complicated than others. Individuals struggling with alimony or spousal maintenance issues, for example, are likely to find the divorce process a more stressful one than those who are not. In order to help ensure that the divorce continues on smoothly, reach out to an experienced divorce attorney today. The lawyers at Funk & Wendlinger, LLC, for example, have plenty of experience handling divorce cases. We have seen it all, and we can help you with your alimony/spousal maintenance claim.
What Is Alimony/Spousal Maintenance?
While some people use these terms interchangeably, it is important to understand that they are different.
The state of Indiana does not recognize alimony, but it does recognize spousal maintenance. Spousal maintenance, then, is essentially a judgment that is handed down from the court system that requires one spouse to “maintain” another.
This might seem like a complicated issue, and to be honest it can be exactly that. Whether you are filing for spousal maintenance or are being faced with a claim that you would like to contest, you need to hire a divorce attorney with ample experience in this particular area of the law.
When Is Spousal Maintenance Ordered?
Spousal maintenance can be ordered by the court via a final dissolution decree. Whether or not this is done depends largely upon the specific case in question and considered among other issues of property division.
If you are divorcing a spouse who is found to be mentally or physically incapacitated enough to be unable to support themselves, for example, then you might find yourself ordered to pay spousal maintenance. To do this, your spouse will need to prove that they are, in fact, so incapacitated as to be unable to support themselves without your aid. Sometimes spousal maintenance is ordered for a specific period of time during which the individual is expected to become less incapacitated and better able to care for themselves, and sometimes the judgments are longer in nature. This varies quite a bit depending upon the individual and the circumstances in question.
Another situation where courts often order spousal maintenance is if the spouse in question interrupted their employment, education or professional training in order to care for children or for “homemaking” purposes. These interruptions might not have occurred had the marriage not been entered into, and therefore the courts might find that the spouse is entitled to a certain amount of maintenance given their current inability to support themselves as a result of the interruption of their professional lives as a result of the marriage.
Conversely, if you are a spouse filing for spousal maintenance, you will be required to show that you are in need of such support. This can be tricky to do, particularly given how complex this area of the law can be.
In both situations, whether you are filing for spousal support or seeking to avoid it, you would be best served by hiring an experienced divorce attorney with plenty of experience in the area of spousal support. At Funk & Wendlinger, LLC, we can help ensure that you avoid paying money that is not due, as well as ensuring that you receive the money you are entitled to depending upon your circumstances.
How Much Money Is Ordered For Spousal Support?
Many individuals want to know just how much they will be paying or receiving when it comes to spousal support.
The fact of the matter is that spousal support varies quite a bit, and tends to depend upon the specific circumstances of a particular case in question. The courts have discretion when they determine how much a spousal maintenance decree will order. That means that even if your friends or relatives have gone through the divorce and spousal maintenance process, you should not rely on their experiences to determine exactly how much you might owe.
For more information about alimony/spousal maintenance, call the attorneys of Funk & Wendlinger, LLC, at 219-865-0002 or send an email today!