Alimony payments can be an important component of a Rhode Island divorce. If one spouse cannot live independently, they can petition the courts for alimony, also known as spousal maintenance or spousal support.
A judge reviewing an alimony request assesses the family circumstances carefully to determine if alimony is appropriate, as well as how long the order should last and how much alimony is necessary. Documented medical issues affecting the requesting spouse or children shared by the spouses could impact an alimony request.
Do medical issues affect earning potential?
In some cases, spouses requesting alimony petition the courts for financial support due to their personal medical challenges. For example, it is somewhat common for people to divorce after a cancer diagnosis. When one spouse is clearly unable to work because of a debilitating medical condition, the courts may agree that alimony is appropriate, at least for as long as the condition diminishes their earning capabilities.
In other cases, the party with the debilitating medical condition might be a child who depends on the divorcing spouses. Both minor and adult children with disabling medical conditions can impact their parents’ earning potential.
If one parent acts as the primary caregiver for the child, they may be unable to work anything beyond a part-time position or a low-demand remote work job. The courts consider how medical concerns and custody arrangements for children with medical challenges may affect the ability to live independently and maintain gainful employment.
Those seeking alimony during a Rhode Island divorce may need guidance regarding their rights. Partnering with an attorney familiar with complex divorce matters, including alimony, can help people pursue reasonable divorce terms.
