Getting rehabilitative alimony
As I've explained in the past, there are four types of alimony awards in Florida: 1) permanent, 2) temporary, 3) lump sum, and 4) rehabilitative.
Let's talk about rehabilitative alimony and how to get it.
Rehabilitative alimony is used to allow a spouse to become self-supportive, usually through college or rehabilitative training.
To get rehabilitative alimony, you must prove three things:
1) You need it.
2) Your spouse can afford to pay it.
3) You have a plan for it.
The first two are true of all types of alimony, and I've talked about them before. So let's talk about the plan.
The plan should be in writing and should be specific. It should go something like this: I need X amount of money each month for X amount of months until I accomplish X. Once I accomplish X, I will be able to support myself in X manner.
Here's a concrete, simplified example:
"My husband and I agreed last year that I would quit my job last year to go back to school. By going back to school, I would have been able to increase the family income. I can't get my old job back now and, even if I could, I couldn't afford to live on my own. I began computer training to become a programmer and I will finish that training in exactly one year. I need $1,000 per month to live while I go to school, plus the amount of my tuition, books, and lab fees. Once I complete my education, I will become a computer programmer at the company where I am doing my internship, and I will be able to support myself. If I quit school, the alimony will immediately stop."
Like I said, that's a simplified example. You'll need to include more details (like how much the tuition will cost), but at least you get the idea.
5 Comments:
I divorced in florida 5/24/04, 18 months ago and pay $100/mo spouse lawyer fee with $500 balance and $500/mo rehab alimony for 36 mo. total to my spouse.she remarried on 2/25/05. he is a f/t high school teacher, she has a f/t clerk job at the same high school.she is also a now p/t but formerly f/t 10 years exp. florida licensed pedicurist @ $30/hr.she is going to a local community college eves. to be a teacher and wants a 4yr degree.i'm having financial difficulty & can't afford to pay for her at this time.my car is repossed,could no longer afford the apt. now unemployed temporarily and will very soon 11/29/05 leave fla. to live with relatives up north until i get my lpn license to work in that state.does she really need me now that she is able to support herself and remarried within less than one year to a man who makes professional level money and is providing for her support& welfare,while struggle to support myself by myself.our son is in college on campus and is 19yrs old/no child support,but i have to pay dental/health and life insurance.her lawyer made motion for willfull contempt of court for 12/08/05 hearing.i have made all my alimony payments to date but i'm behind on lawyer fee after i asked him if he could reduce the payment that i could afford.he said no.i make less $/hr now since new job after my divorce.i relocated.i had no lawyer because i didn't think i could afford one now i wish i had one.i ended up paying part of her lawyer bill anyway,$1000 so far.now i'm broke.at this time i can't afford it.she and her spouse make plenty $$$$$and have no children to financially support.her lawyer purposely left out the part if she should get remarried in the contract from what i can see. after i looked it over. i need some advice.i.m not deserting and i am leaving florida because i am homeless in florida as of 12/01/05!
P.S. couldn't my ex-spouse apply for tuition assistance from her high school job based on her academic merits related to the education field of discipline.afterall she is a f/t board of education high school employee!!what about assistance from private,local,state,federal grants and loans that i know are available for future FLORIDA TEACHERS!! does she really NEED my money to rehab her to become a taecher.her financial status has changed and improved highly since the divorce.looking for an opinion to go to a laywer with for my defense from up north!!
Divorce was finalized in June 2004 in Florida. Wife awarded rehabilitative alimony to buy a travel agency. She got $50,000 lump sum and $4000 per month most of which was to cover operating losses for the business. After 18 months, she has not bought the business and is getting married and moving to another state. Can I petition the Court to get my money back?
i m divorced 5years ago, now i meet a guy i want to marry, he lives in uae. i have a daughter with my ex husband she is 9yrs old.before i do anything i tolked to my ex i told him i m getting married with men from oversease, he told me i will never sign the permission for u to take my daughter with u. what can i do? please help me thanks. by the way i live in florida.
Check out my blog topic on relocating with the kids
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