The Statutory Factors for Alimony in Rhode Island
Rhode Island has no alimony formula: the Family Court weighs the length of the marriage, the parties’ conduct, health, age, income and needs, custodial and homemaking duties, retraining, the standard of living and the ability to pay.
The authority
In granting a petition for divorce, divorce from bed and board or relief without divorce proceedings, the family court may order either party to pay alimony or counsel fees, or both, to the other (R.I. Gen. Laws 15-5-16(a)).
The four basic factors
In deciding the amount, the court, after hearing the witnesses, shall consider: (i) the length of the marriage; (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.
The further factors
In addition, the court shall consider: the extent to which either party is unable to support himself or herself adequately because he or she is the primary physical custodian of a child whose age, condition or circumstances make it appropriate not to seek outside employment, or only part-time or flexible work; the extent to which a party was absent from employment for homemaking and his or her skills have become outmoded; the time and expense of acquiring education or training; the probability of completing it and becoming self-supporting; the standard of living during the marriage; the opportunity for future acquisition of capital assets and income; the ability to pay of the supporting spouse, considering earning capacity, earned and unearned income, assets, debts and standard of living; and any other factor the court expressly finds just and proper (subdivision b(2)).
Conduct is a factor
Unlike many states, Rhode Island lists the conduct of the parties during the marriage among the factors for alimony, and for the assignment of property.
Definition
“Alimony” means payments for the support or maintenance of either the husband or the wife (subdivision c(1)).
Questions to bring to an attorney
Ask how the court is likely to weigh conduct and the other factors in your case.
Next steps
See rehabilitative and indefinite awards and test numbers in the Rhode Island alimony calculator.
Frequently asked questions
What factors does Rhode Island use for alimony?
Four basic factors and further required factors on custodial duties, homemaking, retraining, standard of living, future opportunities and ability to pay.
Does fault matter for Rhode Island alimony?
Yes. The conduct of the parties during the marriage is one of the factors.
Can either spouse get alimony in Rhode Island?
Yes. The court may order either party to pay alimony to the other.
Does the Rhode Island court consider the supporting spouse’s ability to pay?
Yes, including earning capacity, earned and unearned income, assets, debts and standard of living.
Is there a formula for Rhode Island alimony?
No. The statute lists factors but no formula or schedule.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Rhode Island statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Rhode Island attorney.