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Spousal Support in Indiana

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brandon03

Junior Member
I am in Indiana. Currently my wife and I are working through an issue in our marriage. I have been seeking advice to protect myself in the event that our attempts fail and we end up going through a divorce. I met with a lawyer a few weeks ago for a consultation but something I did not ask has recently came back into question and thought maybe someone here could advise.

Our current income is pretty even, so I do not think there would be much if any Spousal Support required in the event of divorce, however, my wife has been wanting to go part time at her work for a few years and has recently applied for an open part time position. If she does go part time, her income will drop (and we'll no longer be equal earners) increasing the likelihood of Spousal Support. Can I ask for a post-nuptial agreement for her to waive the right to Spousal Support and will it cover the decision to allow her to go part time? I was thinking about proposing the idea that as a term of her going part time she has to waive the right to spousal support in the event of a divorce, but I am not sure if this would be "accepted" by the courts.

Thank you for your time and responses.
 


Proserpina

Senior Member
I am in Indiana. Currently my wife and I are working through an issue in our marriage. I have been seeking advice to protect myself in the event that our attempts fail and we end up going through a divorce. I met with a lawyer a few weeks ago for a consultation but something I did not ask has recently came back into question and thought maybe someone here could advise.

Our current income is pretty even, so I do not think there would be much if any Spousal Support required in the event of divorce, however, my wife has been wanting to go part time at her work for a few years and has recently applied for an open part time position. If she does go part time, her income will drop (and we'll no longer be equal earners) increasing the likelihood of Spousal Support. Can I ask for a post-nuptial agreement for her to waive the right to Spousal Support and will it cover the decision to allow her to go part time? I was thinking about proposing the idea that as a term of her going part time she has to waive the right to spousal support in the event of a divorce, but I am not sure if this would be "accepted" by the courts.

Thank you for your time and responses.
Well, that's jolly nice for your wife.

I wouldn't touch it with fishing pole. If she needs income, she needs to work full time. It's not your job to support her.

Given that you have similar incomes, I would expect the court to use the current incomes of both of you and determine that neither of you owe alimony.
 

Ohiogal

Queen Bee
I am in Indiana. Currently my wife and I are working through an issue in our marriage. I have been seeking advice to protect myself in the event that our attempts fail and we end up going through a divorce. I met with a lawyer a few weeks ago for a consultation but something I did not ask has recently came back into question and thought maybe someone here could advise.

Our current income is pretty even, so I do not think there would be much if any Spousal Support required in the event of divorce, however, my wife has been wanting to go part time at her work for a few years and has recently applied for an open part time position. If she does go part time, her income will drop (and we'll no longer be equal earners) increasing the likelihood of Spousal Support. Can I ask for a post-nuptial agreement for her to waive the right to Spousal Support and will it cover the decision to allow her to go part time? I was thinking about proposing the idea that as a term of her going part time she has to waive the right to spousal support in the event of a divorce, but I am not sure if this would be "accepted" by the courts.

Thank you for your time and responses.
A post nuptial would be accepted if it was made as part of separation proceedings or divorce proceedings. But a post nuptial to be filed years from now? Not so much.
 

Ohiogal

Queen Bee
Well, that's jolly nice for your wife.

I wouldn't touch it with fishing pole. If she needs income, she needs to work full time. It's not your job to support her.

Given that you have similar incomes, I would expect the court to use the current incomes of both of you and determine that neither of you owe alimony.
Depends on when he files for divorce. If he files for divorce two or three years from now -- current income then would be used most likely.
 

Bali Hai

Senior Member
I am in Indiana. Currently my wife and I are working through an issue in our marriage. I have been seeking advice to protect myself in the event that our attempts fail and we end up going through a divorce. I met with a lawyer a few weeks ago for a consultation but something I did not ask has recently came back into question and thought maybe someone here could advise.

Our current income is pretty even, so I do not think there would be much if any Spousal Support required in the event of divorce, however, my wife has been wanting to go part time at her work for a few years and has recently applied for an open part time position. If she does go part time, her income will drop (and we'll no longer be equal earners) increasing the likelihood of Spousal Support. Can I ask for a post-nuptial agreement for her to waive the right to Spousal Support and will it cover the decision to allow her to go part time? I was thinking about proposing the idea that as a term of her going part time she has to waive the right to spousal support in the event of a divorce, but I am not sure if this would be "accepted" by the courts.

Thank you for your time and responses.
Your attempts to save the marriage will likely not work out in the long run. If I were you, I would get that divorce action filed immediately and firmly refuse to agree with her working part time under any circumstances. It would be good if you could work that in to the complaint somehow.

If you agree with her working part time and there comes a divorce, the judge is not going to put her on public assistance post-nuptial agreement or not.

Just my way of looking at it.
 

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