Life moves forward after divorce, and many people find new love. However, for those who pay or receive alimony in Indiana, remarriage can raise questions about their financial obligations.
What is alimony in Indiana law?
Indiana courts call alimony “spousal maintenance” and only award it in select situations. A spouse must prove they can’t support themselves due to disability, lack sufficient property or must care for a child whose condition prevents them from working. Indiana judges take a strict approach when deciding these cases.
How remarriage changes maintenance payments
The law in Indiana sets clear rules about remarriage and alimony. When someone who gets maintenance payments remarries, the payments stop immediately unless their divorce agreement says something different. Here’s what you need to know:
- Written agreements between ex-spouses might keep payments going after remarriage.
- Three-year rehabilitative maintenance for education or training continues even after remarriage.
- Payments for disabled spouses or those caring for disabled children stay in place.
- The paying spouse’s new marriage doesn’t change their duty to pay.
These rules affect both the person paying and the person receiving maintenance. The paying spouse must stick to the court order, even with new family expenses. The receiving spouse should plan for possible payment changes if they remarry.
Each divorce case comes with its own set of maintenance terms. Some agreements include special conditions about remarriage, while others follow standard state rules. The specific words in your divorce decree matter more than general guidelines.
Since alimony rules can get tricky when remarriage happens, it’s wise to talk to a family law attorney about your situation. They can review your divorce agreement and explain precisely how remarriage might affect your payments or income.
