Articles Posted in Alimony

What Makes a Divorce Court Award Alimony in Rhode Island?
Bilodeau Capalbo, LLC

Courts that are tasked with a fair and equitable property division as part of a divorce proceeding must consider many factors when dividing a marital estate. In marriages where one of the parties maintain a significantly higher earning ability than the other after the divorce, simply dividing the existing marital assets 50/50 may not be…

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Rhode Island Favors Rehabilitative Alimony
Bilodeau Capalbo, LLC

In the mid-1980s, an ex-husband challenged the trial court’s finding that he was at fault for the dissolution of his marriage and the court’s award to the ex-wife of his interest in the marital home, rehabilitative alimony, and her attorney fees. This Rhode Island Supreme Court case is an important holding regarding rehabilitative alimony, and…

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In Rhode Island, A Separation Agreement Not Merged Into A Divorce Judgment Retains The Characteristics Of A Contract
Bilodeau Capalbo, LLC

In 1991, the Rhode Island Supreme Court decided two important issues regarding alimony in Rhode Island divorce cases: (1) whether a family court can modify alimony obligations prescribed by a separation agreement, where the agreement has been incorporated by reference but not merged into a final judgment; and (2) whether the alimony under the judgment…

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