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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
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      • Defense Of Protective Orders
      • Divorce Litigation
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The Attorneys at Dixon & Moseley, P.C.

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  5. How Is The Stay-At-Home Parent Protected In Divorce?

How Is The Stay-At-Home Parent Protected In Divorce?

On Behalf of Dixon & Moseley, P.C. | Nov 8, 2019 | Division of Assets, Divorce, Family Law

There are many women (and men) who elect to stay home after the birth of their children and be a homemaker. No one doubts this is a full-job, but when divorce strikes it often leaves fear in the stay-at-home parent because he/she had been out of the workforce for so long. This is particularly daunting since Indiana presumes that the parties will divide the marital estate 50/50. There are many potential protections for the spouse who has been out of the workforce for some time. A skilled attorney may use some of these protections to make a just and equitable division of the marital estate. This blog addresses some of those protections and options.

While Indiana does not have alimony, the Divorce Act provides for rehabilitation maintenance for the spouse who has been out of the workforce. This is maintenance that allows the stay at home parent to go back to college or trade school to be prepared for the work world. This may be in a reasonable amount and last for up to three years. With good lawyering, an attorney can present the costs of the education and why it is needed to make the case for rehab maintenance.

It is possible for the court to make an unequal division of the marital estate. This is to compensate the under-empowered for the future lower earnings due to being out of the workforce for an extended period of time. This means the court might make a 60 percent division of the net estate to the stay-at-home spouse. This too is a way that may be used in conjunction with rehab maintenance to create a just and reasonable divorce result which is the aim of every Indiana trial judge. However, your counsel must put this in the evidence to obtain and in order to show this is just and equitable.

Indiana also has a disability statute that would allow any disabled spouse to obtain disability from the other (former) spouse in divorce for so long as the disability exists. The is a similar statute for disabled children.

Another way Indiana divorce courts may assist the spouse with such limited earning power is by an attorney fee award for the legal fees for the divorce itself. Depending on the complexity of the assets and disputes about custody, a great disparity in income is a reason for the divorce court to order your spouse who has worked while you cared for the children to pay your fees. The court has wide discretion to award attorneys’ fees to reach fairness in each and every divorce and in post-divorce proceedings.

Ultimately, with skilled counsel, there are many tools in the Divorce Act like this to protect a stay-at-home parent that may be forced to return to the workforce due to divorce. The key is to prepare and present your case to the fact-finder, namely the trial court judge. This takes time and development of the evidence with a skilled divorce attorney. Dixon & Moseley, P.C. advocates handle domestic cases of all types throughout the State. This blog is written for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

 

 

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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