Rehabilitative Alimony Lawyers
Rehabilitative alimony is alimony intended to be paid over a specified period of time in order that the dependent spouse may achieve goals necessary to become self-supportive. Rehabilitative alimony is used as a means to ease the transition from married to a single life.
Is Rehabilitative Alimony Available To All Dependent Spouses?
The idea behind rehabilitative alimony is that short-term rehabilitative alimony will act as permanent alimony because the dependent spouse will, after the rehabilitative period, be able to self-support him/herself. Thus, in order to be considered for rehabilitative alimony, the receiving spouse must demonstrate the ability for future potential earnings.
How Is Rehabilitative Alimony Requested And Received?
Typically, a request for rehabilitative alimony must be presented before the court with a plan describing the skill, education, or rehabilitation to be acquired, the process and means to acquire such skill, and the end use or purpose of the skill. Determination of award and the amount of award is left to the discretion of the court. For alimony to be awarded, however, the court will need to see that there is the capacity and probability for self-sufficiency at the end of the rehabilitative period.
What Are The Factors To Be Considered In Awarding Rehabilitative Alimony?
Some of the factors to be considered in determining whether rehabilitative alimony is appropriate and the amount of the award are:
- the needs of the dependent spouse
- costs of achieving the necessary goals
- age and capacity of dependent spouse
- presence of other settlements or monetary awards
- the extent of dependent spouse's economic dependency
- whether the dependent spouse sacrificed educational and employment opportunities during the marriage
- the financial circumstances of non-receiving spouse
How Long Will Rehabilitative Alimony Last?
Typically, if rehabilitative alimony is awarded, the court will spell out specific guidelines regarding the purposes, goals, and duration of the alimony. When establishing these guidelines, the court will take into consideration the specific facts and circumstances of the case. In general, the duration will be determined by the time needed to achieve the goals. Remember, however, that rehabilitative alimony depends upon a good-faith effort of the receiving spouse to attain the prescribed goals. Failure to demonstrate a good-faith effort may result in termination of the rehabilitative alimony.
Do I Need A Family Attorney?
Rehabilitative alimony is perfect for spouses who have compromised their careers for a marriage and still believe they can achieve a higher earning potential if given the opportunity. If you are a dependent spouse and believe that achieving certain goals will assist in making you more self-sufficient, then hiring a family attorney to handle your rehabilitative alimony request will assist in getting you on the path to self-sufficiency.
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Last Modified: 08-31-2010 03:29 PM PDT
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