July 21, 2021

The Mystery of Rehabilitative Maintenance in Indiana

Business litigation and family law partner Drew Soshnick authored an article for Indiana Lawyer titled, “Soshnick: The mystery of rehabilitative maintenance in Indiana,” that provides background on rehabilitative maintenance and addresses the uncertainties surrounding the statutory provision.

Soshnick explains that, as noted in a case from 1996, rehabilitative maintenance is appropriate if a trial court finds that a spouse needs support while acquiring sufficient education or training to acquire an appropriate job. “While narrow in scope, rehabilitative maintenance is not well defined,” said Soshnick.

The article provides examples of when rehabilitative maintenance was and was not awarded and discusses how, with no formula, rule or statutory guidance, the amount and duration of maintenance determined remains one of the principal uncertainties regarding rehabilitative maintenance. Soshnick also delves into the misunderstanding between rehabilitative and incapacity maintenance.

The full article is available to Indiana Lawyer subscribers.


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