Rhode Island Family Law
Rhode Island laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.
| 1.State statute | Rhode Island - Domestic Relations |
| 2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. | Fault based and no-fault |
| 3. Equitable distribution or community property | Equitable Distribution |
| a. Methods of apportionment | |
| i. Periera and Van Camp in CA | |
| b. Property distribution factors | |
| 4. Legal separation? | |
| a. Waiting period/Separation period | 3 years |
| 5. Is mediation required | |
| 6. Forms used | Rhode Island Family Court Forms |
| 7. Alimony guidelines and factors | Alimony section of code |
| Alimony formula | Alimony section of code |
| a. Types | Alimony Pendante Lite, Periodic Alimony, Rehabilitative Alimony |
| b. Term Limits | None |
| Cohabitation | Will not modify alimony due to payee's cohabitation unless there is a substantial change in payee's financial circumstances |
| c. Imputing income | |
| d. Change in circumstances | |
| e. Ceases on retirement | |
| Impute income on early retirement | |
| Early retirement for health reasons is involuntary | |
| f. Definition of income | |
| 8. Child support factors and guidelines | Rhode Island Child Support Guidelines |
| 9. Child support calculator | Rhode Island Child Support Calculator |
| 10. Lump Sum Support allowed? | Lump sum not favored |
| 11. Valuation | |
| a. Valuation date | Divorce |
| b. Goodwill divisibility | Personal goodwill is not divisible. Enterprise goodwill is divisible. - Gibbons v. Gibbons, 619 A.2d 432 (R.I. 1993)) |
| c. Standard of value | Fair market value |
| d. Discounts | |
| e. Shareholder/partner agreements | |
| 12. Double dip | Impermissable double dip, not issue because personal goodwill not divisible |
| a. Stock options | |
| b. Retirement accounts | |
| c. Child support | |
| 13. Key cases | |
| 14. Premarital agreements | "Uniform Pre-Marital Agreement Act adopted. Parties to a premarital agreement may contract with respect to the modification or elimination of spousal support OR ST § 108.710" |
| 15. Common law |
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