• is physically or mentally incapacitated to the extent that they are unable to support themselves; or

• lacks sufficient property to provide support for his or herself and any incapacitated child and must forgo employment to care for the physically or mentally incapacitated child.

Rehabilitative spousal support or alimony may be granted to a spouse for up to 3 years, based on the following factors: 

• the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment; 

• the educational level of each spouse at the time of the marriage and at the time the action is commenced;

• whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both; 

• the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence or absence from the job market.

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