Mississippi Criminal Law BlogRehabilitative alimony is a type of financial support that helps one spouse become self-sufficient after a divorce. It acts as a boost to help them get back on their feet and become independent. Unlike typical forms of alimony, rehabilitative alimony is not permanent support. It is only given for a specific amount of time to give one spouse the education, training, or work experience they need to become financially independent.
When Would Someone Need to Ask for Rehabilitative Alimony?
The most common situation where someone might need rehabilitative alimony is if they were a stay-at-home parent during their marriage, and now they need to go back to school or get additional training in order to get a job and support themselves after divorce.
For example, a couple got married during college and the wife did not finish her college degree because they needed to move so her husband could start his first job. At the time, the wife didn’t mind because her dream and goal was to be a stay-at-home wife and mother. As their family grew, the wife stayed home with the couple’s three children for the next 20 years. Now that the children are in college and high school, the parents want to get a divorce. But the mother has no college degree, no training, and no work history, which will make it very difficult for her to get a job to support herself after the divorce. In this case, the husband may be required to pay rehabilitative alimony until the wife finishes her degree and gets a stable job in her field.
There are other situations where rehabilitative alimony might be appropriate. The judge simply has to determine that rehabilitative alimony is necessary to help one spouse get back on their feet after the divorce. In these situations, the recipient spouse would need to show the court a plan outlining how they plan to become self-sufficient and what they need in terms of financial support to achieve their goals. After the support period is over, the recipient spouse should be able to support themselves without any additional help from their ex-spouse.
Rehabilitative Alimony is Temporary
Rehabilitative alimony differs from other types of alimony because it is temporary in nature and is only awarded for a specific period of time. The length of time and amount of support are determined by the court based on the individual circumstances of the case, such as the receiving spouse’s current income, their ability to support themselves, and their future earning potential.
To qualify for rehabilitative alimony, the recipient spouse must present a plan to the court outlining their goals for education, training, or job development, as well as an estimate of the cost of achieving those goals. The plan should also include a timeline for the recipient spouse to reach their goals and become self-sufficient. It’s important to note that the recipient spouse must make a good faith effort to become self-sufficient and make progress towards their goals, otherwise the court may terminate the support.
Finding an Attorney
Rehabilitative alimony can be a valuable tool for divorcing spouses who need financial assistance in order to become self-sufficient. It’s important to understand the specific laws and requirements in your jurisdiction, so it may be wise to seek the advice of a qualified attorney.
If you have been searching the Mississippi area for a qualified, experienced divorce attorney, look no further than Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a free consultation to discuss your case and learn about your options. Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com.