Spousal Support Calculator
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Rhode Island Spousal Support Calculator

Calculate Maintenance Under R.I. Gen. Laws § 15-5-16 — Updated 2026

Use this free Rhode Island spousal support calculator to estimate alimony under R.I. Gen. Laws § 15-5-16 (2025). Rhode Island has no strict formula — judges weigh statutory factors including need, ability to pay, marriage duration, age, health, standard of living, and fault. The state recognizes Temporary, Rehabilitative, General, and Reimbursement Alimony. Rehabilitative alimony is preferred by Rhode Island courts. Whether your divorce is filed in Providence County, Kent County, Newport County, Bristol County, or Washington County, enter your details below. Note: as of July 2025, child support may extend to age 23 for undergraduate students (H5261), which may affect a payor's ability to pay. Always consult a licensed Rhode Island family law attorney.

Income Information

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Marriage Details

Enter 0–100 years
Marriage less than 10 years? ℹRhode Island uses under-10 years as the short-term threshold. Typically limited to 1–3 years of alimony, and Rehabilitative Alimony is most likely.
Marriage 20+ years? ℹ20+ year marriages may qualify for General Alimony of 7+ years or indefinite support, particularly when age or disability prevents self-sufficiency.
Is recipient custodial parent?

Rhode Island-Specific Factors

Domestic violence involved? ℹRhode Island courts may consider domestic violence as a statutory factor under § 15-5-16. It can increase both amount and duration of alimony for the victim.

Rhode Island Domestic Violence — § 15-5-16:

  • Courts may increase alimony amount and/or duration for victims
  • Financial abuse and economic control are recognized factors
  • Applies +10% uplift in this estimate
Fault-based divorce? ℹRhode Island allows fault grounds (adultery, cruelty, desertion). Fault may reduce alimony for the at-fault spouse, but need and ability to pay remain the primary considerations.

Needs & Resources

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Enter age 18–100

Earning Capacity

Enter 0–50 years
Recipient sacrificed career for marriage?
Recipient has disability?

Duration & Age Factors

Maintain marital standard of living?
Significant separate property (recipient)?
Enter 0–50 years
Enter age 18–100
Important Legal Note: This calculator estimates based on R.I. Gen. Laws § 15-5-16 (2025). Rhode Island has no strict formula — judges have broad discretion. The 35% income-disparity benchmark used here reflects common judicial practice. Consult a licensed Rhode Island attorney.
Disclaimer: Estimates only. Rhode Island has no strict formula under § 15-5-16; judges weigh all statutory factors with broad discretion. Actual awards may differ significantly. Consult a licensed attorney.

Rhode Island Maintenance Case Law

Retirement as Substantial Change — Rehabilitative Preference
Stanzione v. Stanzione, 290 A.3d 721 (R.I. 2023)

Reaffirmed the rehabilitative nature of Rhode Island alimony. A payor's retirement at full retirement age (65) constitutes a substantial change in circumstances for modification. Under 2025 clarifications to § 15-5-16(g), modification may be retroactive to the date of the substantial change upon specific court findings.

Cohabitation — Financial Interdependence Required
Cahill v. Cahill, 276 A.3d 902 (R.I. 2022)

Established that cohabitation sufficient to reduce or terminate alimony requires demonstrated financial interdependence — not merely sharing a residence. Payor must file and present evidence of both a romantic relationship and shared financial obligations.

Full Retirement Age Defined as 65
Lembo v. Lembo, 114 A.3d 984 (R.I. 2015)

Defined "full retirement" as age 65 consistent with Social Security full retirement age. This remains controlling precedent for modification petitions based on retirement; early retirement at 60 or 62 does not automatically qualify as a substantial change.

2025 Update: Child Support Extension to Age 23
R.I. Gen. Laws § 15-5-16.2 (H5261, effective July 2025)

Child support may now extend to age 23 for enrolled undergraduate students. This significantly affects alimony calculations as the extended child support obligation reduces the payor's net available income for spousal support purposes.

Modifying Maintenance in Rhode Island

Rhode Island law allows modification upon a showing of a substantial and continuing change in circumstances under R.I. Gen. Laws § 15-5-16(g). The 2025 clarification also allows retroactive modifications in certain circumstances.

1. Grounds for Modification
Substantial & Continuing Change: Must be unanticipated at the time of the original order and ongoing in nature.
Payor's Retirement: At reasonable age (typically 65 per Lembo, 2015). Early retirement may not qualify unless health-based.
Recipient's Remarriage: Automatic termination of alimony by operation of law.
Recipient's Cohabitation: Financial interdependence required per Cahill v. Cahill (2022); mere cohabitation insufficient.
Significant Income Changes: Job loss, disability, major promotion affecting either party.
Child Support Duration Changes: Age-23 extension (H5261, July 2025) may constitute a substantial change affecting ability to pay.
2. Modification Process
File Complaint for Modification in Rhode Island Family Court in the county where the original order was entered.
Serve Notice on the other party via certified mail or process server.
Gather Evidence: Tax returns, pay stubs, retirement documents, medical records, proof of cohabitation if applicable.
Mediation: Often required before a hearing by the Family Court.
Court Hearing: Present evidence; burden of proof is on the party seeking modification.
3. Critical Practical Considerations
Retroactivity Available: Under the 2025 § 15-5-16(g) clarification, courts may make modifications retroactive to the date of the substantial change upon specific findings — act promptly.
Never stop paying without a court order: Unilateral non-payment creates arrearages and risks contempt of court.
Timeline: Uncontested modifications typically 2–4 months; contested 6–12 months.
Temporary orders: Emergency reduction available pending final hearing for urgent circumstances.

R.I. Gen. Laws § 15-5-16(g) (2025) | Stanzione v. Stanzione, 290 A.3d 721 (R.I. 2023) | Cahill v. Cahill, 276 A.3d 902 (R.I. 2022) | Lembo v. Lembo, 114 A.3d 984 (R.I. 2015)

Rhode Island Spousal Maintenance FAQs (Updated 2026)

Rhode Island recognizes four types of alimony under § 15-5-16 (2025):

  • Temporary Alimony: Paid during divorce proceedings until the decree is entered.
  • Rehabilitative Alimony (preferred): For education or job retraining needed for self-sufficiency. Typically 2–5 years.
  • General Alimony: Longer-term support for cases where self-sufficiency is not achievable (age, disability, very long marriages).
  • Reimbursement Alimony: For economic contributions to the marriage (e.g., supporting a spouse through professional school).

R.I. Gen. Laws § 15-5-16 (2025)

No. Rhode Island explicitly does not use a formula. Judges weigh all statutory factors including:

  • Financial need of the recipient
  • Ability of the payor to pay
  • Duration of the marriage
  • Age and health of both parties
  • Standard of living during the marriage
  • Earning capacity and employment history
  • Fault (adultery, cruelty, desertion)

This calculator uses a 35% income-disparity benchmark as a starting point, which is common in Rhode Island practice but not a statutory requirement.

R.I. Gen. Laws § 15-5-16

  • Under 10 years: Typically 1–3 years of Rehabilitative Alimony.
  • 10–20 years: Typically 3–7 years of support; General Alimony possible.
  • 20+ years: May qualify for 7+ years or indefinite alimony, especially if disability or age prevents self-sufficiency.

R.I. Gen. Laws § 15-5-16; Stanzione v. Stanzione (2023)

Yes. Under Stanzione v. Stanzione (2023) and R.I. Gen. Laws § 15-5-16(g), reaching full retirement age (65 per Lembo v. Lembo, 2015) constitutes a substantial change in circumstances. The 2025 clarification allows modifications to be made retroactive to the date of the substantial change upon specific court findings. Early retirement at 60 or 62 does not automatically qualify.

Stanzione v. Stanzione, 290 A.3d 721 (R.I. 2023); Lembo v. Lembo, 114 A.3d 984 (R.I. 2015); R.I. Gen. Laws § 15-5-16(g) (2025)

Rhode Island is one of the states that allows fault grounds for divorce (adultery, extreme cruelty, willful desertion, etc.). Fault may affect alimony:

  • An at-fault spouse may receive less alimony or be denied it entirely.
  • A victim of domestic violence or financial abuse may receive a higher amount or longer duration.
  • Need and ability to pay remain the primary considerations; fault is a secondary factor.

R.I. Gen. Laws § 15-5-16

Two key developments affect spousal support calculations:

  • Child Support Age-23 Extension (H5261, July 2025): Child support may now extend to age 23 for enrolled undergraduate students under R.I. Gen. Laws § 15-5-16.2. This extended obligation reduces the payor's net income available for alimony.
  • Retroactive Modification Clarification (§ 15-5-16(g)): Courts may now make alimony modifications retroactive to the date a substantial change in circumstances occurred, not just from the filing date of the petition.

R.I. Gen. Laws § 15-5-16.2 (H5261); R.I. Gen. Laws § 15-5-16(g) (2025)

For divorce or separation agreements executed after December 31, 2018:

  • Alimony is not deductible for the payor under federal law (TCJA).
  • Alimony is not taxable income for the recipient.
  • Rhode Island follows federal treatment for post-2018 agreements.

Pre-2019 agreements may have different tax treatment. Child support payments are never deductible or taxable.

IRC §71; Tax Cuts and Jobs Act of 2017

  • Providence County: Highest awards, reflecting the highest cost of living in the state and the most active Family Court docket.
  • Bristol & Newport Counties: Moderate-to-high awards; Newport has high housing costs.
  • Kent County: Moderate awards reflecting mid-state economic conditions.
  • Washington County: Generally lower awards reflecting lower cost of living in southern Rhode Island.

R.I. Gen. Laws § 15-5-16

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