Results tagged “spousal support” from Indiana Family Lawyer Blog

Ashton Kutcher and Demi Moore Divorce =Spousal Support. What would Indiana do?

March 8, 2013

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It appears that Demi Moore and Ashton Kutcher's divorce details have gone public. In recent court documents filed on Thursday by Demi, she not only wants support from the "Two and a Half Men" star, but she also wants him to pay her attorney's fees in their divorce proceedings. Ashton filed for divorce in December, more than a year after Demi announced that the marriage was over.

The California court has tremendous discretion in setting alimony or spousal support .Generally, under California law, whatever you acquire together, whether it is a dollar or $100 million dollars, you split it in half. It seems that Demi is alleging that Ashton made significantly more than she during their marriage.

What would happen if the two lived and divorced in Indiana?

Indiana generally does not allow for permanent spousal support or alimony. However, the courts may order for temporary spousal maintenance payments while the divorce proceedings are in progress. There are three specific situations in which a court may order permanent or long-term spousal support/maintenance. A court may make the following findings concerning maintenance:

(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.

(2) If the court finds that:

(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and

(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;

the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.

(3) After considering:

(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;

(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;

(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and

(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment,

A court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.

For more information about spousal support or divorce in Indiana, please contact Harden Jackson Law.

Remember, these suggestions are not meant to be legal advice. You should consult a family law attorney to discuss the specifics of your situation.

Photo courtesy: www.hollywire.com