Qualification For Rehabilitative Alimony

2 July 2018
 Categories: , Blog


There are many types of alimony (spousal support) awarded during a divorce, and rehabilitative alimony is just one of them. Rehabilitative alimony is awarded to help a financially compromised spouse become self-reliant after some time, but it is not just awarded to everyone. Here are some of the things you will need to prove to qualify for rehabilitative alimony.

You Cannot Support Yourself

The first thing you will need to prove is that your present circumstances cannot allow you to support yourself financially. This is easy to prove if you neither have a business or any other source of earning. Even if you have a source of earning, however, you may still qualify for rehabilitative alimony if you can prove that the money is way less than you need to maintain a standard of living similar to the one you were used to during your marriage.

You Scarified Your Career/Business during the Marriage

Your odds of receiving rehabilitative alimony are great if you can also prove that you sacrificed your career or business for the sake of your family during your marriage. Maybe you gave up your career to take care of your kids, or you forgo higher education to help your partner set up their business. In such a case, the rationale is that your present financial difficulties have been brought about by your need to put the family first when you were married. This also means that your partner also benefited from your sacrifices, and it is only normal for them to help you get back on your financial feet.

You Have a Financial Independence Plan

Rehabilitative alimony is supposed to be temporary; it is meant to help you achieve financial independence after some time. You need to present the court with this plan and how long you expect it to take you before your rehabilitative alimony is approved. For example, if your plan is to start a business, you need a business plan that can help the court understand how much you need for the business, the business's viability, and the expected returns.

Your Partner Can Afford the Payments

On top of all the above, you will also need to prove that your partner can afford the payments without falling destitute too. No matter how good your financial independence is or how much you need the money, you won't get it if your partner can't afford the payments. This means you need to have a good understanding of your partner's finances.

For more information, contact a law office like Reagan, Melton, & Delaney LLP.


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