Rehabilitative alimony is increasingly prominent in matrimonial law. Although Florida has issued by far the most opinions on the subject, many states are developing the concept of temporary alimony, the purpose of which is to “rehabilitate” an economically dependent spouse, virtually always the wife. In theory, rehabilitative alimony should supplement equitable or community distribution of marital property to provide the dependent spouse with the resources to become self-supporting, at which time alimony ends and the spouses make a clean break. Rehabilitative alimony “contemplates sums necessary to assist a divorced person in regaining a useful and constructive role in society through vocational or therapeutic training or retraining and for the further purpose of preventing financial hardship on society or individuals during the rehabilitative process.”

In practice, however, rehabilitative alimony serves as a device for timelimiting an alimony award. New Hampshire and Delaware have gone so far as to statutorily implement a strong public policy against alimony awards that continue for more than two or three years. New Hampshire law limits alimony to three years, unless the award is renewed. A comparable Delaware statute limits alimony to two years if the marriage lasted less than twenty years. That statute has been interpreted to mean that permanent alimony may not be awarded without an express finding that the wife could never achieve financial self-sufficiency. However, the policies of most states are less clearly articulated, and decisions are left to the broad discretion of trial judges.

Rehabilitative alimony developed along with equitable property distribution and no-fault divorce. It presumes that marital property has been divided according to principles of equitable distribution or community property before a court ever considers whether to award rehabilitative alimony. However, there are indications that rehabilitative alimony often substitutes for a fair distribution of marital property.