Can Alimony Cover College Education in California?
A common type of spousal support in California is “rehabilitative alimony.” You might have heard that if you receive this type of alimony, you can pay for your college education and earn a degree. But is this really true? Consulting our spousal support law firm in Cerritos can provide you with the answers and guidance you need to make informed decisions about your future.
What is Rehabilitative Alimony in California?
Family Code Section 4320 does not specifically mention the phrase “rehabilitative alimony.” However, part three of this section involves the “marketable skills” of the supported party. According to this paragraph, family courts in California can consider the “time and expenses required for the supported party to acquire the appropriate education or training” to rehone their marketable skills. The paragraph also mentions the possibility of acquiring “other, more marketable skills or employment.”
You Do Not Automatically Get to Go Back to College After a Divorce
It is important to understand that a divorce does not automatically send you back to college with your tuition paid in full. The court may only consider certain marketable skills that lead directly to employment. For example, it would be difficult to receive spousal support that funds a philosophy degree unless you convince a judge that this will help you become self-sufficient.
Spousal support for re-education may not make sense if there is no job market for your existing skills. In order to prove that attending college will help you become financially independent, you might need to show the judge job postings that involve your existing skills. However, you can also choose a totally new career path if your existing skills seem to offer few employment opportunities.
A university degree may make less sense compared to another re-education path. For example, it might be quicker and more immediately lucrative to complete a quick training course. Ultimately, your spousal support lawyer can help you develop a logical, achievable re-education plan. With assistance from a spousal support lawyer, you can suggest a plan that is more likely to be approved by a judge.
Rehabilitative alimony is perhaps most likely to fund a college degree if you already have college credits. If you only need to complete a few more years of study to earn a degree, alimony can help you earn the credits you need without financial burdens. This is particularly true if the college degree in question will lead to clear job opportunities.
Judges Will Monitor Your Progress
If you plan to attend college for fun rather than serious study, you will probably lose access to your rehabilitative alimony payments within a few terms. Once it becomes clear that you are not taking your studies seriously, a judge has the authority to cut off all future payments. You must show dedication to your re-education plan in order to benefit from rehabilitative alimony. Your ex will not be forced to fund your frivolous behavior and lack of achievement at a university.
Contact the Cerritos Spousal Support Attorneys at RM Law Group
If you want to approach spousal support in an efficient manner, speak with the spousal support law firm RM Law Group. Our experienced spousal support attorneys in Cerritos can help you develop an effective, realistic plan for financial independence after divorce. This plan may include re-education, and you may receive financial support from your ex as you strive to re-enter the job market. Reach out today by calling us at 866-706-3160 to learn more.
Sources
- https://www.courts.ca.gov/partners/documents/2011SRL4cSSDecInst.pdf
- https://selfhelp.courts.ca.gov/spousal-support/longterm
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
