Also known as: suitable employments · suitable work · appropriate employment
Written by attorneys · grounded in primary & secondary sources — see below
An employment opportunity that aligns with an individual's skills, experience, physical condition, geographic location, and personal circumstances such as child-care responsibilities. The concept determines eligibility for spousal maintenance when a spouse cannot reasonably secure such work.
Stella Shapiro has no assets after separation and cares for a child with severe epilepsy requiring unpredictable medical appointments. She possesses clerical experience but the child's schedule prevents regular work. The court finds she cannot support herself through suitable employment and awards maintenance under the statute.
Scott Summers left nursing to accompany his spouse abroad and let his license lapse. Upon return he needs several months of coursework and exams before he can resume practice at a wage meeting his needs. The court considers the time required to obtain suitable employment when setting the duration of a maintenance award.
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Sylvia Santos sues after wrongful termination and receives an unconditional offer of her former position at the same pay and benefits. She declines and takes lower-paying work instead. The court holds that the offered role constituted suitable employment, tolling backpay from the date of the offer.
No. Sporadic or limited freelance income does not satisfy the standard when the spouse still cannot meet reasonable needs because of a child's intensive therapy schedule or similar constraints. The inquiry focuses on whether the available work allows self-support given all circumstances.
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A spouse who must complete coursework or exams before regaining licensure or current skills is presently unable to support himself through suitable employment. The time required for that training is a statutory factor used to set the amount and duration of maintenance once the threshold is met.
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When a child's condition produces frequent, unpredictable needs that require the parent's constant availability, the court may find that suitable employment outside the home is inappropriate. Medical documentation of the child's needs and the absence of reliable alternative care support this conclusion.
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An extended absence that renders prior training obsolete can establish that the spouse cannot currently obtain suitable employment at a self-supporting level. Courts consider whether short-term training would close the gap and factor that period into any maintenance award.
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…This duty, rooted in an ancient principle of law,[^maj-15] requires the claimant to use reasonable diligence in finding other suitable employment. Although the unemployed or underemployed claimant need not go into another line of work, accept a demotion, or take a demeaning position,[^maj-16] he forfeits his right to backpay if he…