3 Things to Consider Before Seeking Alimony in Rhode Island
If you’re going through a divorce in Rhode Island and considering whether to request spousal support payments, it’s important to understand the factors that may impact your eligibility—and your future. Alimony decisions are highly fact-specific, and the court will look closely at your financial needs, your spouse’s ability to pay, and the distribution of marital assets.
At the Law Office of Timothy M. Sweet, we help clients throughout Rhode Island navigate the complexities of divorce, including spousal support. Below are three key things to think about before seeking alimony.
1. What Are My Future Needs?
One of the primary purposes of alimony is to ensure financial stability for the lower-earning spouse after a divorce. To determine if you qualify for spousal support, a Rhode Island family court judge will evaluate:
- Your current employment status and income
- Your education, skills, and career background
- Your age and health
- Whether you’ve been out of the workforce and why
- Whether you stayed home to raise children by mutual agreement
Take time to assess your expected income after the divorce—without alimony—and compare it to your anticipated expenses. If there’s a significant gap, you’ll need a realistic plan for bridging that difference. Working with an alimony lawyer or financial advisor can help you create a detailed budget or cash flow chart to guide your request for support.
2. What Is My Spouse’s Ability to Pay Alimony?
In Rhode Island, the court weighs both spouses’ financial circumstances before issuing a spousal support order. Even if you demonstrate a clear need, your former spouse must have the financial means to provide support.
Some key factors judges consider:
- Your spouse’s income, employment, and earning potential
- Their financial obligations (e.g., marital debt, child support payments)
- Any other obligations impacting their cash flow
For example, if your spouse is already paying 25% of their gross income in child support, or assuming all marital debt, the court may find they lack sufficient resources to also pay alimony—or may award only a temporary or reduced amount.
Learn more about how spousal support is calculated by reviewing Rhode Island General Laws § 15-5-16.
3. What Assets Am I Receiving in the Divorce?
Asset division plays a major role in alimony decisions. If the spouse requesting support receives substantial assets in the divorce—such as equity from the marital home, retirement funds, or investment accounts—those resources can potentially reduce or eliminate the need for spousal support payments.
For example:
If you’re awarded $300,000 in real estate equity or retirement savings, the court may determine that you can use those assets to cover your expenses until you’re financially independent. That weakens the argument that monthly alimony is necessary.
If you’re unsure whether a proposed property settlement could impact your support eligibility, speak with an experienced Rhode Island divorce lawyer.
Every Alimony Case Is Unique
Each case—and each judge—is different. Rhode Island does not use a strict formula to calculate alimony. Instead, the court takes a holistic view of your marriage, financial needs, and your ability to become self-supporting over time.
If you’re considering spousal support, the best first step is to consult with an experienced Rhode Island alimony lawyer. At the Law Office of Timothy M. Sweet, we help clients make informed decisions and build strong, well-documented support cases.
Related Reading:
- What to Expect During a Rhode Island Divorce
- Child Support in Rhode Island: What You Need to Know
- Modifying Alimony or Support Orders in Rhode Island
- Domestic Relations FAQ
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