Alimony has been the go-to tool for divorced couples since the first divorce case in 1857. The main purpose of alimony is to act as a mechanism that bridges a permanent financial gap between two spouses. The American Academy of Matrimonial Lawyers describes rehabilitative alimony as “alimony awarded by the court to a spouse who has substantially given up an occupation or one’s livelihood, but has not made enough progress toward self-sufficiency”. Rehabilitative alimony can be ordered for up to five years if the recipient spouse is dependent upon the other party. Unlike general or transitional alimony, this type of support does not expire after three years and can be extended beyond five years if necessary.
Different types of alimony Wisconsin include rehabilitative alimony, lifestyle maintenance alimony, and compensatory alimony. A family lawyer can help you understand the differences between these alimony types. Recipients of rehabilitative alimony are typically former spouses who worked full-time prior to their divorce and have a difficult time finding employment after the separation. The recipient spouse may request that they receive rehabilitative alimony while they attempt to gain a new career or re-enter the workforce.
Rehabilitative Alimony Vs. Compensatory Alimony
Rehabilitative alimony is different than compensatory alimony, which is intended to reimburse the recipient for a specific injury or crime. Compensatory alimony is paid in order to compensate for a current or past wrong, such as infidelity or the failure to provide support. Moreover, compensatory alimony typically expires after the statute of limitations expires or when the injury or crime that resulted from the divorce has been healed.
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Rehabilitative alimony is revoked if the recipient spouse becomes self-sufficient. After the recipient has been self-sufficient for a year, they can request an evaluation to determine if they can continue to receive support. General or transitional alimony typically expires after three years. If the marriage lasted more than five years, however, general alimony can be extended up to the length of the marriage.
In order for rehabilitative alimony to be granted, there must be a substantial change in one spouse’s lifestyle brought about by divorce. The court will look at how long both parties were married as well as their ages and health at the time of separation when determining if rehabilitative alimony is appropriate.
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The need for rehabilitative alimony depends on both the length of the marriage and the previous income of the parties. The evaluating attorney will look at how long each party was employed prior to separation as well as their current level of income when determining if support will be granted.
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