Men have as much right to seek alimony, known as spousal maintenance in Indiana, as women do if their financial situation and/or other factors warrant it. While the majority of alimony recipients are still women, men are increasingly seeking support in divorce.
Maybe their soon-to-be ex far outearns them, for example. Perhaps they have been a stay-at-home parent and out of the full-time workforce for years. They may need time to get up-to-date on what’s required to do their job, get some more current experience or rebuild their network of contacts.
Judges may expect more evidence from men
Even though the law doesn’t explicitly treat men and women differently when it comes to awarding alimony, men who ask for it still tend to face greater challenges – even in court – than women, according to an official with the Association of Matrimonial Lawyers. For example, judges are more likely to require men to prove that they’re not intentionally staying below their earning potential than they are women.
It’s important for men who seek alimony in divorce to know that they may have a more difficult time both getting it and continuing to receive it than a woman in their same circumstances would. However, it’s still crucial to understand what factors go into the decision to award it – assuming a couple can’t reach an agreement on it themselves.
These include both spouses’ incomes, ages, health, the length of the marriage, the potential recipient’s contributions to the other spouse’s success and the marital standard of living.
The stronger the case a man can make for why his soon-to-be-ex spouse (regardless of their gender) should pay him spousal maintenance at least temporarily, the better his chances are of prevailing. Having experienced legal guidance can help him present a strong case.