What is rehabilitative spousal maintenance?

Spousal maintenance in divorceMost individuals are familiar with what spousal maintenance is in divorce (previously referred to as alimony in many states).  Most understand the concept and the purpose behind it to provide for one spouse is unable to provide for their reasonable needs after divorce.

Many, however, are unfamiliar with the concept of rehabilitative spousal maintenance. Rehabilitative spousal maintenance is where one party needs time to get on their feet.  They do not need spousal maintenance on an indefinite or permanent basis.  But they need it for some time period while they get back in the workforce, complete their education, etc.

In some states, a judge might have the ability to award rehabilitative  spousal maintenance (alimony) on for a limited duration where the facts call for it.  In other states, it might be difficult for a judge to order rehabilitative maintenance.

It can be particularly hard in some states to order rehabilitative maintenance where a specific date cannot be pointed to where there is no longer a need.  Missouri is a state where this is generally true.  In other words, absent a specific date where spousal maintenance is not needed, maintenance is usually modifiable (or indefinite) in Missouri.

But in some cases, a party might agree to rehabilitative maintenance for a set term.  In Missouri, many refer to this as contractual spousal maintenance.  This means that maintenance is set for a limited duration of months or years while somebody is able to become self-supporting.

This kind of compromise is not always realistic in every case.  In some cases, it might not even be appropriate because the party requesting spousal support might not be employable to the extent where they can meet their own needs.  But, for some, it is something to at least consider.

If you are going through a divorce where spousal maintenance is being contemplated, you can contact Stange Law Firm, PC at 1-855-805-0595.

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