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…
Articles Posted in Alimony
Rhode Island Divorce and Tracking Devices
Divorces are famous for bringing out the worst in people. Now, with rapid growth and innovation in technology, ex-spouses sometimes use these new products in ways that can hurt them in family court. In an attempt to gather evidence, people going through a divorce or considering one are using apps…
Rhode Island Supreme Court Hears Common-Law Marriage Case
After twenty three years together, an East Providence couple decided to separate. Now that they have broken up, a court is trying to determine if they were in a common-law marriage. We tend to think of marriage in black and white terms: either you’re married or you’re not. But it…
Rhode Island Favors Rehabilitative Alimony
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…
In Rhode Island, A Separation Agreement Not Merged Into A Divorce Judgment Retains The Characteristics Of A Contract
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…