Sometimes, a spouse requires some financial assistance to reenter the workforce. This type of spousal assistance is called rehabilitative alimony, which supports a spouse as they work to regain financial independence through education, training, or work experience. Governed by Florida Statute 61.08, this is a temporary support mechanism.
Ft. Lauderdale Lawyer for Rehabilitative Alimony
If you believe you may be entitled to rehabilitative alimony, it’s crucial to have a clear, well-structured plan that demonstrates your path to financial independence. Consulting with an experienced family law attorney can help ensure that you receive the support you need to rebuild your career and secure your future.
The Lawyers of Bacchus Law Firm are experienced family law professionals dedicated to getting families the closure that they need during hard times. Having provided counsel to numerous clients throughout the Greater Miami-metropolitan area, we take cases in Broward County, Palm Beach County, Collier County, and Miami-Dade County.
Our office is conveniently located at 401 E. Las Olas Blvd. in Ft. Lauderdale, just minutes from Broward County Central Courthouse and we have taken cases in Miami, West Palm Beach, LaBelle, and East Naples, Florida.
Contact our office at (954) 500-5555 for a no-obligation consultation.
- What is Rehabilitative Alimony?
- Determining Rehabilitative Alimony
- Modification or Termination of Rehabilitative Alimony
- The Importance of a Rehabilitative Plan
- Additional Resources
- Hire a Lawyer for Rehabilitative Alimony in Broward County, FL
What is Rehabilitative Alimony?
Rehabilitative alimony is awarded to a spouse who needs financial support while developing the skills or education necessary to become self-sufficient. This type of alimony is often appropriate in situations where one spouse sacrificed their career for the benefit of the family, such as by staying home to raise children or supporting the other spouse’s career growth. This type of alimony aims to bridge the gap between the end of the marriage and the recipient’s ability to achieve financial independence.
The state of Florida defines rehabilitative alimony as a method for establishing the capacity for self-support through either:
- The redevelopment of previous skills or credentials; or
- The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
Under Florida Statute 61.08, you must have a specific rehabilitative plan, such as pursuing a degree, vocational training, or other education needed to secure better employment. This plan must be well-defined, with clear goals and a reasonable timeline. Courts in Florida require a concrete plan that outlines how the recipient spouse will achieve self-sufficiency.
Determining Rehabilitative Alimony
When deciding whether rehabilitative alimony is appropriate, Florida courts evaluate several factors as outlined in Florida Statute 61.08. These factors include:
- The standard of living established during the marriage
- The duration of the marriage
- The financial resources of each party, including the distribution of marital assets and liabilities
- The earning capacities, educational levels, vocational skills, and employability of the parties
- The contribution of each party to the marriage, including homemaking, child care, education, and career-building of the other party
- The time and cost necessary for the receiving party to acquire sufficient education or training to find appropriate employment
- All sources of income available to either party
The judge uses these factors to assess the recipient’s needs and the paying spouse’s ability to provide support. The objective is to ensure that the receiving spouse has the resources necessary to become financially independent without placing an undue burden on the paying spouse.
Per state law, rehabilitative alimony may not last for more than 5 years.
Modification or Termination of Rehabilitative Alimony
Alimony in Florida is not permanent and can be modified or terminated if certain conditions are met. If there is a substantial change in circumstances, such as the recipient completing their educational program ahead of schedule or failing to follow the rehabilitative plan, the alimony can be adjusted or terminated.
For instance, if the recipient spouse abandons the rehabilitative program, the paying spouse may petition the court to terminate the alimony. Similarly, if the recipient becomes self-sufficient sooner than expected, the paying spouse may request a modification to reduce or terminate payments.
It is important to note that rehabilitative alimony also ends if either spouse passes away or if the recipient remarries. Florida courts ensure that rehabilitative alimony serves its intended purpose—to rehabilitate—and modifications are allowed to reflect changing circumstances.
The Importance of a Rehabilitative Plan
A critical aspect of rehabilitative alimony is the requirement for a specific, well-defined plan. This plan is essential to the alimony award, as it outlines the steps the recipient will take to become self-supporting. The plan may include enrolling in a college program, completing certification courses, or acquiring vocational training.
The court evaluates whether the rehabilitative plan is realistic and whether the timeline is appropriate given the circumstances. Without a clear plan, the court may be reluctant to award alimony, as the goal is not simply to provide financial support but to help the recipient achieve long-term financial independence.
Additional Resources
Rehabilitative Alimony Statute – Read the original statute regarding alimony and its different types from the state legislature including the legal definition.
Hire a Lawyer for Rehabilitative Alimony in Broward County, FL
The Lawyers of Bacchus Law Firm are experienced family law professionals dedicated to getting families the closure that they need during hard times. Having provided counsel to numerous clients throughout the Greater Miami-metropolitan area, we take cases in Broward County, Palm Beach County, Collier County, and Miami-Dade County.
Our office is conveniently located at 401 E. Las Olas Blvd. in Ft. Lauderdale, just minutes from Broward County Central Courthouse and we have taken cases in Miami, West Palm Beach, LaBelle, and East Naples, Florida.
Contact our office at (954) 500-5555 for a no-obligation consultation.
