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What is rehabilitative maintenance and when might it be awarded?

On Behalf of | Jul 7, 2022 | Divorce

During an Indiana divorce, spousal maintenance can be an issue. For many people, they rely on this financial support because they were out of the job market during the marriage, did not acquire the education or skills to get a job to support themselves and need money after the divorce even if they intend to work at some point.

A type of financial support that is frequently understated is rehabilitative maintenance. For some, their circumstances are such that it is justified and they should know when they are entitled to it.

Which factors are considered with rehabilitative maintenance?

Education is essential with rehabilitative maintenance. The court will assess the education level of the spouses when they were married and when they decided to divorce.

It will then consider the education, training and employment of the person who is asking for support and see if it was interrupted by being a homemaker, raising children or both. Then it considers the above factors along with their work history, if they have any skills, their education level and how much training they had. It is necessary when assessing their job prospects.

If the person is looking for a job and was out of the job market for a long time and they have limited education and skills, they may have difficulty being to support themselves. It may take time to acquire the necessary skills.

However, they can receive rehabilitative maintenance until they find a job that pays enough so that they no longer need financial support. The court will decide on the duration of the support, but it cannot go beyond 3 years.

With maintenance and other family law issues, professional help can be crucial

People who have not been in the job market will generally need assistance to get on their feet after a divorce. That is what rehabilitative maintenance is supposed to provide. It is important for both sides to remember the law for this type of maintenance, its criteria and how long it can last.

Regardless of the perspective – the spouse who will be paying and the one who will be receiving – it is useful to have legal assistance to be fully protected.