Divorce

Can I get alimony?

Alimony is financial support one spouse may pay the other when a divorce is granted. To decide how much alimony to award, if any, a judge will consider several factors, including:

• how long you were married;
• behavior of both spouses during the marriage;
• age and health of both spouses;
• each spouse’s job, skills, income, and ability to be hired (employability);
• financial needs and debts;
• if one spouse has primary physical custody of the child, whether the child’s age, condition, or circumstances affects the  ability to work outside of the home; and
• each spouse’s ability to be “self-supporting.”¹

To decide whether each spouse is self-supporting, the judge will consider:

• any time either you or your spouse did not have a job because of homemaking responsibilities and, as a result, the extent to which:
  • any education, skills, or experience has become outdated; or
  • earning capacity has been diminished;
• the time and money that would be needed to get education or training in order to get a new job;
• the age and skills of you and your spouse, and the probability of completing the education or training needed to become self-supporting;
• the standard of living during the marriage;
• whether you or your spouse may obtain more income or assets in the future;
• your spouse’s ability to pay you support; and
• any other factors that the judge thinks are important.²

The purpose of alimony is to provide you with support while you get back on your feet, but a judge can grant you alimony for an indefinite period of time if s/he finds that it is appropriate to do so after considering the time and expense required for you to get the proper training and education to find appropriate employment.³

From time to time, a judge may review and change the amount of alimony if you or your ex-spouse requests it.  The judge has the option to make the new payment amount retroactive to the date when the substantial change in circumstances happened. Your alimony award automatically ends if you get remarried.³

¹ R.I. Gen. Laws § 15-5-16(b)(1)
² R.I. Gen. Laws § 15-5-16(b)(2)
³ R.I. Gen. Laws § 15-5-16(c)(2)