Calculate Maintenance Under R.I. Gen. Laws § 15-5-16
Income Information
Marriage Details
Marriage less than 10 years?
Marriage 20+ years?
Is recipient custodial parent?
Rhode Island-Specific Factors
Domestic violence involved?
Fault-based divorce?
Needs and Resources
Earning Capacity
Recipient Sacrificed Career for Marriage?
Recipient has disability?
Duration Factors
Maintain marital standard of living?
Significant separate property?
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. Consult a licensed attorney.
Rhode Island Spousal Maintenance Results
Maintenance Type
Monthly Amount
Duration
Judicial Range
Key Factors:
Disclaimer: Estimates only. No strict formula under Rhode Island law. Actual awards may differ. Consult an attorney.
Rhode Island Maintenance Case Laws
Stanzione v. Stanzione (2023)
290 A.3d 721 (R.I. 2023)
Reaffirmed rehabilitative nature of alimony; payor's retirement at full retirement age constitutes substantial change for modification.
Cahill v. Cahill (2022)
276 A.3d 902 (R.I. 2022)
Cohabitation requiring financial interdependence may reduce or terminate alimony.
Lembo v. Lembo (2015)
114 A.3d 984 (R.I. 2015)
Defined "full retirement" as age 65 under Social Security; still controlling precedent.
2025 Update: Child Support Extension
R.I. Gen. Laws § 15-5-16.2 (H5261, July 2025)
Child support may now extend to age 23 for enrolled undergraduate students, which may impact alimony calculations.
Modifying Maintenance in Rhode Island
Rhode Island law allows modification upon substantial and continuing change in circumstances:
Payor's retirement at reasonable age (typically 65+)
Child support duration changes (new age-23 rule effective July 2025)
Modification Process
File Complaint for Modification in Rhode Island Family Court
Serve notice and gather evidence (tax returns, retirement docs)
Mediation often required before hearing
Court may now make modifications retroactive to date of substantial change (2025 clarification)
R.I. Gen. Laws § 15-5-16(g) (2025) – Retroactive modification allowed upon specific findings.
Rhode Island Spousal Maintenance FAQs
What types of maintenance exist in Rhode Island?
Temporary, Rehabilitative (preferred), General, and Reimbursement maintenance under §15-5-16 (2025).
R.I. Gen. Laws § 15-5-16 (2025)
Is there a formula for alimony in Rhode Island?
No. Rhode Island explicitly does not use a formula. Judges weigh statutory factors: need, ability to pay, marriage duration, age, health, standard of living, and misconduct.
How does marriage length affect maintenance?
Under 10 years: 1-3 years duration; 10-20 years: 3-7 years; 20+ years: may be longer-term or indefinite if disability/age warrants.
Can maintenance be modified for retirement?
Yes. Under Stanzione (2023) and §15-5-16(g), reaching full retirement age (65) is a substantial change. Modification may be retroactive.
How does fault affect alimony?
Rhode Island allows fault (adultery, cruelty, desertion). Fault may reduce alimony for the at-fault spouse but need and ability remain primary.
What changed in 2025 for support?
Alimony statute §15-5-16 remains same, but child support now extends to age 23 for college students (H5261, effective July 2025), which may affect ability to pay alimony.
Are maintenance payments taxable in Rhode Island?
For post-2018 agreements, alimony is not deductible to payor nor taxable to recipient (federal and RI follow TCJA).
How do counties differ?
Providence County generally has higher awards due to cost of living; Washington County lower. Courts apply local economic conditions.