When going through a divorce, one of the parties may seek alimony payments to help them financially. As the realities of single life may be daunting – especially if one of the spouses was out of work as a homemaker or had never sought employment before, courts may elect to award rehabilitative alimony. But what is this form of alimony and how does it work? Here’s what you need to know about rehabilitative alimony in Florida divorces.
What is “Rehabilitative Alimony?”
Rehabilitative alimony is one type of alimony a court may award during divorce proceedings. According to State of Florida Statute 61.08(6), rehabilitative alimony:
“may be awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.
(c) An award of rehabilitative alimony may be modified or terminated in accordance with s.61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.”
Simply put, rehabilitative alimony is intended to provide the financial support one spouse needs until he or she can fully support themselves following a divorce.
When Will a Court Award Rehabilitative Alimony?
A court will not award a rehabilitative alimony plan unless there is a strategy aimed at helping the spouse to receive the alimony to become fully self-supporting. This rehabilitative alimony plan should focus on the redevelopment of previous credentials or skills, the acquiring of education, vocational training, or work experience to develop the skills needed for financial self-reliance.
To obtain a court- awarded rehabilitative alimony, the party seeking the judgment not only must present a concrete plan for rehabilitation of their employment skills, but they must also prove the need for the payment of alimony, as well as the ability of the other party to pay the alimony awarded.
When granting any form of alimony, the court must determine if the payments will be made in one lump sum or periodic installments. This payment arrangement is usually determined based upon the financial situations of both parties – particularly the party paying the alimony – as well as what is in the best interest of the rehabilitative plan to be undertaken.
Contact an Experienced Divorce Attorney Today
If you are considering divorce, you need to contact an experienced attorney right away. As financial issues and alimony can be difficult situations to navigate, you need an attorney who knows how to get you the results you want and need. Patrick Cordero has extensive experience in all facets of law, including family and financial law. He has the know-how to help you solve your divorce and alimony problems. Call The Law Offices of Patrick L. Cordero for a free consultation today at (305) 445-4855.