Rehabilitative alimony is alimony that the paying spouse is supposed to pay over a specified period of time in order that the dependent spouse may achieve goals necessary to become self-supportive. This type of alimony is used as a means to ease the transition from married life to single life.
The idea behind rehabilitative alimony is that short-term rehabilitative alimony will take the place of permanent alimony because the dependent spouse will, after the rehabilitative period, be able to financially support him/herself. Thus, in order to be considered for rehabilitative alimony, the receiving spouse must demonstrate the ability for future potential earnings.
Typically, the receiving spouse that is requesting the rehabilitative alimony must present 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.
Some of the factors that the court considers in determining whether rehabilitative alimony is appropriate and the amount of the award are:
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 situations of the spouses and the circumstances of the divorce. In general, the court will base the duration on 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 being made in rehabilitation may result in termination of the rehabilitative alimony.
Rehabilitative alimony is perfect for spouses who have compromised their careers or education for a marriage and believe that 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 financially, then hiring a family attorney to handle your rehabilitative alimony request will assist in getting you on the path to gaining your independence.
Last Modified: 01-30-2014 02:36 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.