Findings concerning maintenance
Sec. 2. 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.
As added by P.L.1-1997, SEC.7.
Last modified: May 24, 2006