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Rhode Island Divorce Tip: Permanent Alimony

It may not be frequent and it may not be a popular choice by most Rhode Island Family Court Judges but it is good for any spouse going into a divorce to know that Permanent Alimony may be awarded by a judge under Rhode Island Law.

Now admittedly it's not something spouses have to be terrified about, but it IS something you certainly should be informed about.

Permanent Alimony is, of course, a fairly drastic remedy to impose upon any person especially if it's ordered in such a way that it is a set figure (not income dependent) and is non-modifiable.

So in what cases should you be concerned about Permanent Alimony or as the statute says . . . . alimony may be awarded indefinitely.

Imagine being a man or woman subject to paying indefinite alimony to your spouse.  That is certainly a heavy burden that most people wouldn't want to bear.

Thankfully, instances of permanent alimony are fairly rare because under Rhode Island Law alimony is considered to be for rehabilitative purposes. In otherwords, alimony is supposed to be set so that the spouse who receives it has the opportunity to get back in the workplace, or increase his or her skills to a level that he or she can adequately support themselves.

Of course permanent alimony then is generally restricted by judges to those who for whatever reason cannot reasonably be rehabilitated, such as those with permanent learning disorders or quadra-plegics whose rehabilitative time may be so perpetual that it can't reasonably be determined by a judge, or those who many develop mental disorders during a marriage such that they cannot survive without their partner despite their partner's desire for a divorce.

Permanent alimony exists and it's good to be aware of it.  Thankfully, it's rare in Rhode Island.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

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