Rehabilitation Maintenance: Pros and Cons

Within the framework of the Divorce Act, trial courts wield significant discretion in dividing the marital assets equitably. An aspect often considered in divorce proceedings is the provision of statutory rehabilitation maintenance. This blog will explore what rehabilitation maintenance is in divorce proceedings and the implications of same. 

Unlike alimony in many other jurisdictions, rehabilitation maintenance under the statute has a narrower scope, typically limited to a maximum of three (3) years. It serves as a means of providing additional support to a spouse undergoing education or training geared towards securing employment.

When determining whether to award rehabilitation maintenance, trial courts typically assess four (4) key factors:

  1. The educational attainment of each spouse at the onset of marriage and at the time of divorce proceedings.
  2. Any interruptions in education, training, or employment caused by marital responsibilities, such as raising children.
  3. The earning potential of each spouse, including their work history and market presence.
  4. The time and resources required for the spouse seeking maintenance to attain necessary education or training for employment.

It's worth noting that while special findings can impact appellate review standards, specific language regarding the need for support during educational pursuits isn't mandatory. However, the spouse seeking rehabilitation maintenance must provide evidence addressing these statutory factors.

Rehabilitation maintenance serves various purposes, such as supporting a parent who sacrificed a career for childcare duties or assisting a financially weaker spouse in achieving economic independence post-divorce. Importantly, such maintenance must be established during the divorce proceedings and cannot be pursued retroactively, though parties may include it in settlement agreements.

Understanding the nuances of rehabilitation maintenance, including its duration and eligibility criteria, is crucial for navigating divorce proceedings effectively. Whether seeking or contesting such maintenance, comprehensive knowledge of the relevant laws and considerations is essential.

This blog post, authored by the legal professionals at Ciyou & Associates, P.C., aims to shed light on the complexities surrounding rehabilitation maintenance in divorce cases. It serves as a general educational resource and should not be construed as legal advice or a solicitation for legal services.


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