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Rehabilitative Alimony in Florida
Rehabilitative alimony is one of the forms of support available to a spouse in a Florida divorce. It is paid by the spouse who has the greater income and it is paid to the spouse who has a temporary need for it until that spouse can get back to full earning potential.
The classic example is a situation where a spouse was a nurse before the marriage. During the marriage the couple had children and that spouse quit being a nurse in order to stay home with the children. At the time the divorce was filed, the nurse found that there was a need to go back to school for several months in order to re-qualify for the nursing license and then spend additional time finding a job back in that occupational field.
In that situation, if the other spouse is able to pay it, the court may require that the greater income earning spouse pay the nurse's schooling and living expenses until the time comes when the nurse is re-certified and fully employed. Sometimes this solution to the financial problem makes it unnecessary to require permanent periodic alimony because, once the nurse is fully employed, the incomes of the two spouses are close to equal.
In order to qualify for rehabilitative alimony, an expert divorce lawyer for the underemployed spouse must set out a specific plan of how long the rehabilitation will take and how much the education and living expenses will be. If it takes additional time through no fault of the rehabilitating spouse, the court may extend the time through which the alimony will be paid. If that spouse does not make the effort to complete the rehabilitation, the court may relieve the other spouse from the obligation to continue paying.
Bottom Line: If in your divorce you need funds to get back into the workplace, your Florida rehabilitative alimony lawyer may be able to help you get them.
(copyright Stann Givens 2009)
Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
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