Alimony is designed to help divorcing spouses receive financial support based on their needs. If you’re getting a divorce and are either seeking alimony or are being asked to pay it, the experienced Providence divorce lawyers at Caprio Law are here to help. Read on to learn more about how courts determine alimony in Rhode Island and how our legal team can assist you through the process.

What Factors Do Rhode Island Courts Consider When Awarding Alimony?

In Rhode Island, courts will consider a wide array of factors when determining alimony. They are as follows:

  • Income and earning capacity of each spouse: Courts look not only at current income, but also at each person’s ability to earn in the future
  • Age and physical and emotional health: Health issues or advanced age can impact a person’s ability to become self-supporting
  • Contributions to the marriage: This includes not just income, but also homemaking, childcare, and support of the other spouse’s career
  • The reasonable needs and expenses of each spouse: Courts will look at each spouse’s financial circumstances, including their reasonable monthly expenses and whether they have the ability to meet those expenses on their own. Because these expenses can vary significantly from case to case, preparing a complete and accurate financial statement can be critically important. For this reason, it is best to speak with an experienced attorney who can help ensure your financial position is clearly presented to the court
  • The equitable distribution of the marital estate: Courts may also consider what each spouse will receive through the division of marital property. For example, if one spouse is receiving significant assets, funds, or other financial resources as part of equitable distribution, that may affect whether they are considered self-supporting or in need of alimony

How Long Does Alimony Last in Rhode Island?

Importantly, alimony doesn’t necessarily come with an expiration date. Under Rhode Island law, alimony is designed to provide support for a reasonable length of time to enable the recipient spouse to become financially independent and self-sufficient. In Rhode Island, the duration of alimony is tied closely to the nature of the marriage and the needs of the receiving spouse. That said, a rough outline of how long alimony may last is as follows:

  • Short-term or rehabilitative alimony: Alimony is often awarded for a reasonable period of time, giving one spouse time to gain skills or employment
  • Long-term or indefinite alimony: Where a spouse is unlikely to become self-supporting due to age, health, diminished earning capacity, or other relevant circumstances, the court may consider a longer alimony award. A permanent alimony award is rare but possible.

Can Alimony Be Modified or Terminated Later?

Alimony is not always permanent, and Rhode Island law does allow for changes when circumstances shift in a meaningful way. Generally, a party seeking a modification must show a substantial change in circumstances. Some examples of circumstances that may warrant a modification to or termination of alimony in Rhode Island are as follows:

  • Significant change in income: A job loss, promotion, or other financial change can justify a modification if it affects either party’s need for support or ability to pay
  • Remarriage or cohabitation: Support may be reduced or terminated if the receiving spouse enters a new supportive relationship. Under Rhode Island law, the obligation to pay alimony automatically terminates upon the remarriage of the spouse receiving alimony
  • Retirement: Courts may revisit alimony obligations when the paying spouse retires, depending on timing, good faith, and the financial impact of the retirement
  • Health changes: Serious illness or disability affecting either party can lead to adjustments

Importantly, any modification to an alimony agreement requires court approval, so informal agreements are not enough to legally change the obligation.

If you’re looking to receive, modify, or terminate alimony, please don’t hesitate to contact Caprio Law for comprehensive representation today.