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.

Read More