During a divorce, the laws allow either spouse to seek post-divorce spousal maintenance, often referred to as alimony, under certain limited circumstances.
There are also income requirements, medical disability standards, and time limitations to which any maintenance awards are subject under the law.
Ordinarily, post-divorce maintenance cannot be ordered unless the parties have been married more than ten years and the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and the spouse seeking maintenance lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs.
However, the ten-year minimum does NOT apply if the spouse from whom maintenance is being sought has been convicted of a crime constituting family violence within the past two years, or the spouse seeking maintenance is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability, or the spouse seeking maintenance is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
At Bilodeau Capalbo, LLC, our Rhode Island family law attorneys have advised many clients and helped them to protect their rights in the area of post-divorce spousal maintenance. As one of the focuses of our practice is family law, we have detailed knowledge and expertise in all areas of divorce, including the rules and requirements of spousal support, maintenance, and alimony. We will evaluate your situation and advise you as to all matters pertaining to eligibility. We will then represent you best protect your rights under the law.
If you believe that you may be entitled to post-divorce spousal support and maintenance, or if spousal maintenance is being sought from you, we can advise you of your legal rights. Contact us at (401) 300-4055 to learn how we can help you.