Rehabilitative Alimony Attorney
What is Rehabilitative Alimony?
For a discussion of Alimony generally, try reading our General Alimony page first.
Florida Statute 61.08 allows Courts to grant different types of alimony, some temporary and some permanent. This page discusses a type called: "Rehabilitative Alimony".
Just like it sounds, this type of alimony is designed to rehabilitate one of the spouses, and is used to enable the requesting spouse to be trained or educated for a more effective re-entry into the work force. This means that the spouse who was traditionally the primary wage earner would pay for some, or all of the other spouse's updated education or training with the ultimate goal of making the receiving spouse financially independent.
Commonly, if one spouse forgoes working for a number of years to take care of the household duties, or to raise the children of the marriage, that spouse will require some updated education or training before he or she can re-enter the job market. But without a job, that spouse can't afford the education, leaving them without many options.
The Florida legislature understands this problem, and has authorized the Courts to order rehabilitative alimony.
So how does the Court decide whether or not to grant rehabilitative alimony, and how much to grant?
The spouse seeking rehabilitative alimony has to present something called a "rehabilitation plan" to the Court. While this can be done orally, it is best to do in writing, and the more specific the plan, the better.
For example, a spouse who needs training or education to effectively re-enter the job market should plan on presenting a specific class or training schedule. The spouse should be ready to present evidence on costs for tools, books, or other expenses, as well as whether or not the spouse can maintain part or full time employment while going to class. The spouse should have anticipated start and completion dates for the education, and be prepared to discuss why this training will enable them to earn a higher income.
It is common to have an expert witness involved on both sides to explain to the court whether or not the rehabilitation plan will be successful, or if it will have a significant impact on the future earning ability of the spouse.
Why you need a Sarasota Divorce Attorney
For a more in-depth discussion on the topic of rehabilitative alimony, visit our Sarasota family law attorney page and schedule an in-person consultation.