Florida Rules of Procedure for Rehabilitation Alimony
Florida courts can order a spouse to pay permanent, temporary, lump sum or rehabilitation alimony. Rehabilitation alimony is commonly referred to as rehabilitative alimony. The courts have discretion as to how much and what type of alimony is ordered for each case, and all cases are examined on an individual basis. There is no statutory formula for determining alimony, but there are certain things the court must look at with each case before making its decision.
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Definition
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Rehabilitative alimony is alimony with an end date paid to a former spouse, outlined in a separation agreement or ordered in the final judgment of dissolution of marriage. The end date may be a time determined by the court or agreed to by the parties, and is usually associated with a non-working spouse's education program, should the spouse choose to go back to school. If the spouse decides to not go back to school, the alimony is set for a specific period, and the non-working spouse must find a job and become able to support herself during that time.
Procedure
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Though there are no specific rules for rehabilitative alimony, it must be requested in the initial petition for dissolution of marriage or in the counter-petition for dissolution of marriage. If rehabilitative alimony is to be awarded, and the paying spouse does not agree, the requesting spouse should present a plan to show the court that she will be undertaking courses to better himself, or show that in time, she can work up to a better position in her current job or find a job in her field that pays more.
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Length of Marriage
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Depending on the district in which your case is being tried, your marriage may not be considered long-term, and the court will, in most circumstances, not grant alimony, not even rehabilitative alimony. Most districts consider a marriage of 10 years or longer a long-term marriage and are more apt to order at least rehabilitative alimony. Some courts consider 15 or more years a long-term marriage. If the requesting spouse has additional issues, such as a handicap -- whether physical, emotional or mental -- the court may ignore the long-term marriage stipulation.
Court's Discretion and Rules
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According to Florida Statutes 61.08, the court must look at several factors when determining an order on alimony, including rehabilitative alimony. The court must consider, when ordering rehabilitative alimony, in addition to the duration of the marriage, the standard of living established during the marriage, the age, physical and emotional condition of the parties and the financial resources of each party. Financial resources include nonmarital assets and liabilities distributed to each party.
Additionally, especially for rehabilitative alimony, the court must consider the earning capacity and educational level of each spouse. Included in this is each spouse's vocational skills, how employable the spouse is, and how long it will take the receiving spouse to get the education or training needed to find a job to support himself.
Additional considerations include what each party contributed to the marriage -- for example, if one party worked so the other could go to school; whether there are minor children, and who has the most responsibility for the minor children, the outcome of the monetary award as to how it affects the taxes -- alimony is taxable to the receiver and deductible to the payer. The court must also look at other sources of income, if any, for each party.
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