Can You Receive Alimony to Become Self-Supporting?

Marriage is an economic union, and one spouse might sacrifice a career to raise children. When a couple divorces, suddenly one spouse struggles to become self-supporting. In fact, they might have no work experience outside the home or any educational credential to aid them in finding a job.

Call our office. Florida law allows men and women to seek rehabilitative alimony, which can pay for you to return to school or enter the job market and gain experience. We can discuss if this is an option in your situation.

What is Rehabilitative Alimony?

Florida Statute § 61.08 is the general alimony law. It states that, to request alimony, a spouse must prove that they need it and that their spouse has the ability to pay it.

The law also lays out different types of alimony. Many clients who stayed home to raise children or maintain a home request rehabilitative alimony under subsection (7). A court can award this type of alimony to help a person become self-supporting, typically either by redeveloping previous skills or credentials or by gaining new experience or education.

For example, a wife might have left work as a paralegal to stay home with the children. Ten years later, the couple divorces. She could seek rehabilitative alimony to cover the costs of going back to school to earn a four-year degree.

In other situations, a spouse married young and did not develop any work experience at all. They might not have any education beyond a high school diploma. Rehabilitative alimony can help support this person while they return to school or gain work experience.

To obtain rehabilitative alimony, you must submit a detailed rehabilitative plan that explains in detail your path for gaining independence. For example, you might go back to school for two years or gain vocational training. A judge wants to see a detailed plan.

Rehabilitative alimony may not exceed five years, so you will need a solid plan to become self-supporting by then.

Don’t Forget Other Types of Alimony

Some clients might instead request durational alimony. Under Florida law, you cannot request durational alimony if the marriage lasted less than 3 years. Further, the court will limit the duration of alimony based on the length of your marriage:

• Short-term marriage: 3-10 years. The maximum duration for alimony is 50% of the duration of the marriage. So, someone married for 10 years can receive five years of durational alimony, at most.
• Medium-term marriage: 10-20 years. The maximum duration for alimony is 60% of the length of the marriage.
• Long-term marriage: 20 years or longer. The maximum duration for alimony is 75% of the duration of your marriage.

It might be in your best interest to request durational alimony instead of rehabilitative alimony. Someone married for 24 years could potentially receive durational alimony for 18 years. That could be a better bargain than requesting rehabilitative alimony.

Let our law firm go over the facts of your case. Someone with a short marriage will probably be better off requesting rehabilitative alimony, but it depends on the facts of each case.

Call to Speak with a Miami Alimony Lawyer

Many people overlook how alimony can help them land on their feet following a divorce. Hamilton O’Neill can help clients request rehabilitative or durational alimony. Call us to schedule a meeting with a Miami alimony attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html