In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in Rhode Island is to provide support for a spouse for a reasonable length of time to help that spouse become financially independent and self-sufficient.

To be eligible for alimony, spouses in all states, including Rhode Island, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court and is usually made in one payment. Temporary alimony may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” Rehabilitative is the most commonly awarded alimony and may include payments for any education necessary for the recipient spouse to become self-supporting.

Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments.

Rhode Island courts will sometimes award alimony for an indefinite length of time. An alimony award in Rhode Island may be modified based on a showing of a change in circumstances. The remarriage of the spouse receiving alimony automatically terminates the support.

The type and amount of alimony awarded depends on a variety of factors.  Rhode Island law recommends that courts in the state consider the following factors when awarding alimony:

• The length of the marriage
• The conduct of the spouses during the marriage
• The health, age, station, occupation, amount and source of income, vocational skills, and employability of the spouses;
• The liabilities and needs of each spouse
• The extent to which either spouse is unable to adequately support him/herself

In the United States, alimony is treated differently tax wise from child support payments. In Rhode Island, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not.

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For a full review of divorce and alimony law in Rhode Island, go to lawyers.com.