Some Basics On Rehabilitative Alimony In Florida
In Florida, during a divorce, the court may order one party to pay the other alimony. Generally, before the court grants alimony, it must determine that one party needs alimony payments and the other can make payments. After the court determines a need and ability to pay, it then decides if the other statutory factors have been met, and if so, which form of alimony is appropriate.
In Florida, there are different types of alimony, and rehabilitative alimony is one of them. In simple words, rehabilitative alimony is meant to financially support a spouse who is working through a specific “rehabilitation” plan, such as training or education, in order to obtain financial independence. The following is more on rehabilitative alimony.
What Is Rehabilitative Alimony?
It is not uncommon for both spouses to maintain careers or work in today’s world; however, the reality is that there are still cases where one spouse works full time and the other stays at home, passing up professional, training and/or educational opportunities. While this act is understandable, the unfortunate reality is that, in the event of a divorce, that spouse may be left struggling to provide for himself or herself with only a basic set of skills and/or education or a lengthy gap in career practice or training. Rehabilitative alimony was established to assist such individuals.
In Florida, rehabilitative alimony aims to help people who choose to play a supportive role during marriage gain education and/or skills that can help them provide for themselves financially. Rehabilitative alimony can be used to, for example, cover college costs or pay for career counseling sessions.
Receiving Rehabilitative Alimony
Before the court can grant this form of alimony, the party seeking such alimony must present a rehabilitative plan to the court. The court relies heavily upon the rehabilitative plan, so it is vital that you make your plan as specific as possible if you are seeking rehabilitative alimony. The following are some of the things you should include in a rehabilitative plan;
- The name of the college you seek to attend or have been admitted to
- The cost of tuition
- The degree you are seeking (if any)
- How long it will take you to earn that degree
- The prospect of future employment
Fortunately, an attorney can help you with your rehabilitative plan.
While the court will rely heavily upon the plan, you should know that other issues can factor into the court’s decisions, such as when the plan was commenced. For this reason, it is best that you work with a qualified attorney when seeking rehabilitative alimony.
Modifying Rehabilitative Alimony
In Florida, after rehabilitative alimony is granted, it can be modified or terminated just like any other form of alimony. And there are several reasons why rehabilitative alimony may be modified or terminated.
First, rehabilitative alimony may be modified or terminated if either party experiences a substantial change in circumstances.
Second, rehabilitative alimony may be modified or terminated based on the fulfillment of the plan or lack of fulfillment of the plan.
Finally, if the receiving party fails to comply with the rehabilitative plan in good faith, the court may order a modification or termination of the alimony award.
Contact an Experienced Jacksonville Alimony Lawyer Today
For help with any alimony-related issues, contact our Jacksonville alimony lawyer at The Lasky Law Firm at 904-399-1644.