Rehabilitative Maintenance

What is rehabilitative maintenance?

Rehabilitative maintenance is a type of spousal maintenance that is awarded for a limited period of time after a divorce, usually to enable the dependent spouse to become financially independent by acquiring new skills, education or employment.

Rehabilitative maintenance is not a right but a discretionary power of the court that depends on the circumstances of each case.

What factors determine the extent of the rehabilitative maintenance payable?

To determine whether to grant rehabilitative maintenance and for how long, the court will consider various factors, such as :

• The existing or prospective financial means of both spouses

• Their respective earning capacities

• Their financial needs and obligations

• Their ages

• The duration of their marriage

• Their standard of living before their divorce

Rehabilitative maintenance is usually granted when the court finds that the marriage has detrimentally affected the ability of one spouse to support themselves, for example, by staying at home to look after children or giving up their career. However, the court will also take into account the prospects of the dependent spouse retraining themselves and finding a suitable job, as well as the age and health of both spouses. It is unlikely that a court will award rehabilitative maintenance to a spouse who can support themselves or has the potential ability to do so.

The purpose of rehabilitative maintenance

Rehabilitative maintenance aims to achieve a clean break between the spouses and avoid indefinite dependency on one spouse by the other. Therefore, rehabilitative maintenance is usually granted for a short period of time, such as one year or five years, and may be terminated or varied if there is a change in circumstances, such as remarriage or cohabitation of the dependent spouse.

In some cases, however, rehabilitative maintenance may not be sufficient or appropriate, especially when the dependent spouse is older, has been out of the job market for a long time, or has primary care of young children. In such cases, the court may award permanent maintenance instead of rehabilitative maintenance.