If you live in Rhode Island and are going through a divorce, you need to know about this state's rules on alimony. Chances are, at some time during your meetings with your lawyer, you will have to discuss whether you are eligible for alimony or whether you're going to have to pay it.
The Rhode Island Supreme Court has decided that alimony is awarded only for rehabilitative purposes. In other words, does one party in the divorce need financial support and does the other party have the financial means to pay alimony.
During the course of your divorce proceedings, a family court judge will decide whether one spouse needs financial support and will at the same time decide whether the other spouse can afford it. This is important, because this means that receiving alimony, even if your spouse earns more money than you do, is not automatic. At one time, women could almost be guaranteed to receive alimony as a consequence of divorce. Now, however, a judge weighs several factors before making a determination.
Rhode Island has no standard for determining financial need. Each judge views each case individually, and bases the decision on a variety of factors. However, a good lawyer will be able to make your case for either needing financial aid or determining you cannot afford to pay alimony. This is when finding a top divorce attorney is critical.
A judge will look at the needy spouse's skills and determine whether he or she can find a job that makes enough money to reasonably live on. This protects women and men who have been out of the workforce so long that their skills are no longer marketable.
In any divorce, expect there to be compromises. Say one spouse makes $80,000 per year and the other $32,000. Does this disparity in pay mean the spouse who makes more money will automatically have to pay alimony? Not necessarily. A judge could rule that, because the spouse who makes less money has been consistently employed and makes enough money to support herself or himself, they would not be eligible for alimony.
A good lawyer can make a huge difference not only on whether alimony is actually paid, but the amount, as well. Most couples are able to come up with a compromise, but if you find yourself in a situation where your spouse is treating you unfairly in this process, having a good attorney fighting for you is a long-term investment.
Jane Goodger has worked as a criminal and court reporter for several newspapers in Southern New England. She is now dedicated to helping Rhode Islanders find the best lawyers for their needs at http://www.TopRILawyers.com.
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