Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance.
Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3) years when a spouse needs extra support while obtaining employment-related education or training.
There are four (4) considerations the trial court considers in making such an award:
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Oct2017
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Jul2015
When the inquiry is made about requesting the court to award attorney fees in domestic relations cases, such as a dissolution, modification of custody, paternity matter, modification of child support, or contempt issue, or protective order the standard answer is, “We can ask”.
The American standard is that each party pays their own attorney fees, unless there is a contract or statute that allows for an award of attorney fees. In domestic relations matters there are statutes that allow the award of attorney fees, but that is just the ... Read More