Divorce proceedings can involve negotiations and decisions about spousal support, often referred to as alimony. Spousal support aims to maintain the economic status of both parties, as closely as possible, to the standard of living they enjoyed during the marriage.
However, the path to securing spousal support can include pitfalls. Missteps can result in less favorable terms or even the denial of support. Here are some common mistakes you should avoid when seeking spousal support in an Indiana divorce.
Not understanding the types of spousal support
In Indiana, there are three types of spousal support: rehabilitative, maintenance and transitional. Each serves a different purpose and the court awards them based on various factors, including the length of the marriage, the standard of living during the marriage and the earning capacity of each spouse.
Failing to adequately document financial needs
You must provide clear evidence of your financial needs to the court. This includes your living expenses, debts and future financial needs. Neglecting to document these thoroughly can result in an unfavorable outcome.
Not considering the tax implications
Spousal support payments have tax implications. They are typically taxable income for the recipient and tax-deductible for the payer. Ignoring these implications can impact your financial stability in the future.
Not planning for potential changes
Life circumstances change, and so can spousal support arrangements. If you do not consider potential changes such as remarriage, cohabitation or changes in income, you may find yourself unprepared for these situations.
Ignoring the timing of the request
The timing of your request for spousal support can affect the outcome. It is usually best to raise the issue early in the divorce proceedings.
Seeking spousal support in an Indiana divorce requires careful planning and attention to detail. Avoiding common mistakes can increase your chances of receiving a fair amount of support.