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RI Alimony Statute

Rhode Island Alimony Statute 

In determining whether to award alimony or spousal support, Rhode Island Family Court judges consider the following factors under R.I.G.L. §15-5-16(b):

  1. • i. The length of the marriage;
    • A. The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;
    • B. The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;
    • C. The probability, given a party's age and skills, of completing education or training and becoming self-supporting;
    • D. The standard of living during the marriage;
    • E. The opportunity of either party for future acquisition of capital assets and income;
    • F. The ability to pay of the supporting spouse, taking into account the supporting spouse's earning capacity, earned and unearned income, assets, debts, and standard of living;
    • G. Any other factor which the court expressly finds to be just and proper.
  2. • ii. The conduct of the parties during the marriage;

    • iii. The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

    • iv. The state and the liabilities and needs of each of the parties.

2. In addition, the court shall consider:

    • i. The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

    • ii. The extent to which either party is unable to support herself or himself adequately with consideration given to:


and under R.I.G.L. §15-5-16(c):

  1. For the purposes of this section, "alimony" is construed as payments for the support or maintenance of either the husband or the wife.
  2. Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount and payment of the alimony, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court's discretion to the date that the court finds that a substantial change in circumstances has occurred; provided, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. Nothing provided in this section shall affect the power of the court as subsequently provided by law to alter, amend, or annul any order of alimony previously entered. Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall automatically terminate at once.