| Alimony is payments that one spouse may be ordered | | | | rules and regulations concerning when a parent tries to |
| to pay another spouse for support as a result of a | | | | mask child support payments as alimony. Please |
| divorce. In Rhode Island Divorce, some spouses qualify | | | | consult with a Rhode Island Divorce and Family Law |
| for alimony from the other spouse. Alimony is also | | | | Attorney concerning the tax implications and rules |
| known as Spousal Support or Spousal Maintenance. | | | | concerning Alimony. A detailed explanation of tax rules, |
| R.I.G.L 15-5-16 delineates the factors that the Rhode | | | | laws and regulations as they pertain to Alimony is |
| Island Family Court Judge should use in determining | | | | beyond the scope of this article. |
| whether a Husband or Wife Qualifies for Alimony | | | | The designation of payments as alimony rather than |
| payment from the other spouse. | | | | property distribution has consequences in Bankruptcy |
| The Rhode Island Supreme Court Stated "Alimony is a | | | | Proceedings. An alimony award is generally not |
| rehabilitative tool intended to provide temporary | | | | dischargeable in Bankruptcy. The interrelation between |
| support until a spouse is self-sufficient, and is based | | | | Family Law, Alimony and Bankruptcy is also beyond |
| purely on need." Berard v. Berard The Rhode Island | | | | the scope of this article. Please consult with a Rhode |
| Alimony statute is set forth below. You should contact | | | | Island Bankruptcy Lawyer/ Attorney. |
| David Slepkow to get legal advice concerning your | | | | Another important issue, perhaps crucial issue, is |
| case. | | | | whether or not the parties enter into a property |
| Rhode Island Lawyer David Slepkow 401-437-1100 | | | | settlement agreement in the divorce. In order for the |
| has also written over 50 Rhode Island Law Articles | | | | alimony to be completely non modifiable, the alimony |
| about Divorce, Child Support, Child Custody, Child | | | | must be agreed to in a Property settlement |
| Visitation, Post Divorce, Common Law marriage etc. | | | | agreement. The Court has no power to modify a |
| Generally, Alimony is awarded for a specific period of | | | | property settlement agreement. A Court can only |
| time, in increments which are usually weekly or | | | | enforce or interpret a property settlement agreement. |
| monthly. Alimony could be awarded as a result of a | | | | In the event of impossibility of payment, the Court |
| Divorce settlement. If a party requests alimony or is | | | | could award equitable relief, equitably reforming the |
| unwilling to waive alimony and the parties cannot agree | | | | contract between the parties. Please contact a |
| to an alimony award, then alimony may be awarded at | | | | Rhode Island Divorce Attorney concerning whether or |
| the divorce trial. | | | | not it is advisable to draft a Property Settlement |
| Temporary Alimony may be awarded by the Rhode | | | | agreement in your case. |
| Island Family Court towards the beginning of the RI | | | | Proper drafting of a Property Settlement Agreement |
| divorce. This temporary Alimony award will stay in | | | | and Alimony provisions in a Property Settlement |
| effect until the final decision by the Rhode Island Family | | | | Agreement is beyond the scope of this article. |
| Court Judge at the RI Divorce Trial. | | | | The length of the marriage is a very important factor |
| The intent of alimony is rehabilitative in nature. "alimony | | | | that the RI Family Court Judge looks at in determining |
| should be 'payable for a short, but specific and | | | | Alimony. The Court also needs to hear testimony |
| terminable period of time, which will cease when the | | | | concerning the party requesting alimony plan to |
| recipient is, in the exerciseof reasonable efforts, in a | | | | become self supporting and self sufficient. |
| position of self-support.'" Thompson v. Thompson | | | | The Court can also look at the relative ability of both |
| Alimony is usually awarded on a temporary basis but | | | | spouses to earn income and or acquire assets and |
| can be awarded on an indefinite and (perhaps what | | | | property in the future. |
| turns out to be permanent) basis if the facts justify | | | | If a person is ordered to pay alimony and does not |
| indefinite alimony. The Rhode Island Supreme Court | | | | pay alimony, the other person can file a contempt |
| ruled that "Alimony may be awarded even for an | | | | motion. If a person is found in willful contempt of a |
| indefinite period as long as the trial justice considers all | | | | Court order they could be jailed until they purge |
| the statutory factors." | | | | themselves of the contempt. Rhode Island Family |
| Indefinite alimony may be ordered in a case where a | | | | Court judges take failure to comply with their alimony |
| party is seriously disabled or as a result of old age is | | | | orders very seriously. If the Alimony award is |
| unable to work. Indefinite alimony could also be | | | | modifiable, either party could file a motion to modify the |
| awarded in a plethora of different factual | | | | alimony based on a substantial change in |
| circumstances. | | | | circumstances. |
| The Court must look at "The health, age, station, | | | | § 15-5-16 Alimony and counsel fees - Custody of |
| occupation, amount and source of income, vocational | | | | children. |
| skills, and employability of the parties" in making an | | | | (a) In granting any petition for divorce, divorce from |
| alimony determination. | | | | bed and board, or relief without the commencement of |
| Ability to pay is a crucial factor in determining the | | | | divorce proceedings, the family court may order either |
| amount of alimony and whether or not alimony should | | | | of the parties to pay alimony or counsel fees, or both, |
| be awarded. There are many cases in which a | | | | to the other. |
| spouse is in desperate need of alimony but the other | | | | (b) In determining the amount of alimony or counsel |
| spouse does not have the ability to pay sufficient | | | | fees, if any, to be paid, the court, after hearing the |
| alimony. In some cases, the spouse does not have an | | | | witnesses, if any, of each party, shall consider: |
| ability to pay because of a child support obligation to | | | | (i) The length of the marriage; |
| the other spouse or child support owed for other | | | | (ii) The conduct of the parties during the marriage; |
| children. | | | | (iii) The health, age, station, occupation, amount and |
| Furthermore, according to The Rhode Island Supreme | | | | source of income, vocational skills, and employability of |
| Court, "Section 15-5-16 does not explicitly prohibit one | | | | the parties; and |
| lump-sum award." However, lump sum award | | | | (iv) The state and the liabilities and needs of each of |
| alimony appears to be disfavored under RI Law. | | | | the parties. |
| The best candidate for alimony is a spouse who put | | | | (2) In addition, the court shall consider: |
| aside his or her career ambitions for many years to be | | | | (i) The extent to which either party is unable to support |
| a homemaker and care for the children. As a result of | | | | herself or himself adequately because that party is the |
| the role of nurturing the children and establishing and | | | | primary physical custodian of a child whose age, |
| maintaining a home, the other spouse was able to | | | | condition, or circumstances make it appropriate that |
| advance his or her career in order to be able to afford | | | | the parent not seek employment outside the home, or |
| to pay alimony. | | | | seek only part-time or flexible-hour employment |
| In some cases, the family made a decision that one | | | | outside the home; |
| parent would put aside his or her career aspirations to | | | | (ii) The extent to which either party is unable to support |
| raise a child or minor children. As a result, the | | | | herself or himself adequately with consideration given |
| homemaker's skill set is so outmoded that he or she is | | | | to: |
| unable to obtain suitable employment. This is usually | | | | (A) The extent to which a party was absent from |
| because the homemaker's job skills, employment | | | | employment while fulfilling homemaking responsibilities, |
| history, licenses, training, skills, experience or degrees | | | | and the extent to which any education, skills, or |
| became outmoded or irrelevant. Perhaps the person | | | | experience of that party have become outmoded and |
| does not have enough of an employment history to be | | | | his or her earning capacity diminished; |
| able to be self supporting and self sufficient without | | | | (B) The time and expense required for the supported |
| receiving alimony. In some cases the spouse is unable | | | | spouse to acquire the appropriate education or training |
| to work because the spouse currently has a physical | | | | to develop marketable skills and find appropriate |
| custody and placement of a young child. | | | | employment; |
| For this type of person, the intent of an award of | | | | (C) The probability, given a party's age and skills, of |
| Rehabilitative Alimony would be to allow a person to | | | | completing education or training and becoming |
| build a work history, advance his or her education, | | | | self-supporting; |
| employment training, licenses etc. so that the person | | | | (D) The standard of living during the marriage; |
| can be self supporting and self sufficient in the future. | | | | (E) The opportunity of either party for future acquisition |
| Another type of person who is an excellent candidate | | | | of capital assets and income; |
| for alimony is a person who is temporarily disabled or | | | | (F) The ability to pay of the supporting spouse, taking |
| permanently disabled especially if the marriage has | | | | into account the supporting spouse's earning capacity, |
| been a long marriage. Another good candidate for | | | | earned and unearned income, assets, debts, and |
| alimony is a spouse who has severely disabled children | | | | standard of living; |
| which renders it difficult or impossible for the person | | | | (G) Any other factor which the court expressly finds |
| to seek employment. | | | | to be just and proper. |
| "The assignment of property must precede any | | | | (c) For the purposes of this section, "alimony" is |
| determination of alimony because the needs ofeach | | | | construed as payments for the support or |
| party will be affected by the equitable distribution of | | | | maintenance of either the husband or the wife. |
| the marital estate.Section 15-5-16.1(c). In determining the | | | | (2) Alimony is designed to provide support for a |
| amount of alimony, the court must consider: "(i) | | | | spouse for a reasonable length of time to enable the |
| [t]helength of the marriage; (ii) [t]he conduct of the | | | | recipient to become financially independent and |
| parties during the marriage; (iii) [t]he health, age,station, | | | | self-sufficient. However, the court may award alimony |
| occupation, amount and source of income, vocational | | | | for an indefinite period of time when it is appropriate in |
| skills, and employability of theparties; and (iv) [t]he state | | | | the discretion of the court based upon the factors set |
| and the liabilities and needs of each of the parties." | | | | forth in subdivision (b)(2)(ii)(B). After a decree for |
| Section15-5-16(b)(1).6 | | | | alimony has been entered, the court may from time to |
| Rhode Island Child Custody and Placement plays a | | | | time upon the petition of either party review and alter |
| role in an alimony determination. If the parties have | | | | its decree relative to the amount and payment of the |
| children, the Court must also make an award of | | | | alimony, and may make any decree relative to it which |
| Rhode Island Child Support before the Court | | | | it might have made in the original suit. The decree may |
| determines an alimony award. The Child Support | | | | be made retroactive in the court's discretion to the |
| award plays a large role in determining the resources | | | | date that the court finds that a substantial change in |
| of the parent with physical custody of the minor child. | | | | circumstances has occurred; provided, the court shall |
| A child support order also may severely affect a n | | | | set forth in its decision the specific findings of fact |
| individuals ability to afford alimony in the future. | | | | which show a substantial change in circumstances and |
| The needs and expenses of both parties is crucial in | | | | upon which findings of facts the court has decided to |
| determining alimony. Needs and expenses are | | | | make the decree retroactive. Nothing provided in this |
| intertwined with the standard of living of the parties. | | | | section shall affect the power of the court as |
| The Court may look at the following types of | | | | subsequently provided by law to alter, amend, or annul |
| expenses and needs: rent, mortgage, taxes, insurance, | | | | any order of alimony previously entered. Upon the |
| food, health insurance, uninsured medical expenses, | | | | remarriage of the spouse who is receiving alimony, the |
| prescription expenses, dental expenses, cable, internet, | | | | obligation to pay alimony shall automatically terminate |
| utilities, heat, gas , vehicle expenses etc. | | | | at once." |
| Although conduct is a factor in alimony determinations | | | | Rhode island (RI) Attorney David Slepkow Represents |
| per the RI Alimony Statute, it is not a significant factor | | | | clients in all Rhode Island (RI) Counties including: |
| since alimony is basically need based. Conduct such as | | | | Providence County Family Court (Providence, East |
| an affair, drug or alcohol addiction, gambling problem, | | | | Providence, Cranston, Barrington, Bristol, Warren, |
| domestic violence plays more of a role in equitable | | | | Pawtucket etc.), Kent County Family Court (Warwick, |
| division of assets then in an Alimony determination. | | | | Coventry Etc.,) Newport County Family Court |
| An award of alimony has Federal Income Tax | | | | (Tiverton, Newport, Portsmouth, Middletown), |
| consequences. Alimony is taxable to the spouse who | | | | Washington County Family Court ( South Kingstown, |
| receives the alimony and is deductible by the spouse | | | | Wakefield etc.) |
| who pays alimony. In order to qualify as alimony, | | | | Rhode Island legal Notice per RI Rules of Professional |
| Alimony must terminate on the death of the payee | | | | Responsibility: |
| spouse and upon the remarriage of the payee spouse. | | | | The Rhode Island Supreme Court licenses all Lawyers |
| Payment of alimony is a taxable event to the payee | | | | / Attorneys in the general practice of law, but does not |
| spouse. | | | | license or certify any lawyer as an expert or specialist |
| This is very different from payment of child support. | | | | in any field of practice. |
| Payment of child support is a non taxable event. The | | | | David Slepkow is a Rhode Island lawyer concentrating |
| parent who pays child support is not entitled to a | | | | in Divorce, Family law, Restraining Orders, Child |
| deduction for payment and the receiving spouse does | | | | Custody, Child Support, DCYF, Post Divorce, |
| not include the payment as income. Therefore it is tax | | | | Relocation out of State Personal Injury and Automobile |
| free money to the parent who receives the child | | | | / Car Accidents. |
| support.26 U.S.C.A. 71. | | | | David has been practicing since 1997 and is licensed in |
| The IRS has rules and regulations concerning what | | | | Rhode Island (RI), Massachusetts (MA) and Federal |
| types of payments constitute alimony. The IRS has | | | | Court. Free Initial Consultations. Credit Cards Accepted. |