What is rehabilitative maintenance?
Rehabilitative maintenance is awarded for a limited period to a divorcing spouse for the purposes of becoming trained, retrained or to compensate for a shortfall in salary for a job or profession.
What factors must be taken into account?
Each case is judged on its own facts, but in practice the following is generally considered:
the age of the spouse, required to re-enter the job market;
the length of time for which he or she has been unemployed;
the spouse’s ability to be trained;
their health; and
lastly the spouse’s formal qualifications, if any.
A spouse who has remained economically active and employed throughout the marriage would not qualify for rehabilitative maintenance.