This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.
In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property will generally be divided equally between the two. However, there are instances where the court will give one spouse more property than the other.
While Indiana laws do not provide for Alimony, per se, they do provide for instances where one spouse may have been incapacitated or need additional time to re-enter the workforce at an income level that would sustain themselves. In these instances, Indiana laws allow a Judge to award Spousal Maintenance.
Practically speaking, however, a short-term marriage (maybe less than 3 years) could lead a judge to award each party their premarital assets and debts and focus on only dividing assets and debts acquired during the marriage.
There's no specific formula in Indiana for judges to calculate an alimony amount. It's up to the judge to decide what's fair and appropriate under the circumstances. Ordinarily, judges don't take into consideration a spouse's fault in causing the breakdown of the marriage when determining an alimony award.
Many states have a specific calculation that's used. Indiana does not; in Indiana, a judge determines the appropriate amount of alimony. So, there could be a lot of factors, considered, including just how much damage has been done to the alimony-seeking spouse's potential career.
Spousal Maintenance for Spousal Incapacity In regard to scenarios in which a spouse is incapacitated, as outlined in Indiana Code 31-15-7-2(1), the spouse requesting maintenance must provide clear evidence that he/she is either physically or mentally incapacitation, and therefore cannot support themselves.
Indiana alimony, which no longer exists within the state's current divorce laws, was often based on factors like the length of the marriage, the respective age of each party, and their education levels.
