How Fault and Adultery Impact Alimony Awards in Rhode Island

Getting a divorce in Providence, Warwick, or Cranston is emotionally draining, especially when infidelity or other bad behavior is involved. When you are going through a divorce, one of the biggest questions is whether a cheating spouse will still get alimony (also known as spousal support). Rhode Island is a unique state because it allows you to file for divorce based on irreconcilable differences (no-fault), but it still allows judges to consider bad behavior when dividing money and awarding support.

If you are facing a divorce where adultery or misconduct played a role, you need to understand how the Rhode Island Family Court looks at marital fault. Generally, a judge uses R.I. Gen. Laws § 15-5-16 to decide who gets alimony, how much they get, and for how long. This law specifically lists the conduct of the parties during the marriage as a key factor. If your spouse cheated, it can absolutely impact their wallet.

How Family Courts Weigh Different Types of Fault

Not all bad behavior is treated the same in a divorce courtroom. Rhode Island judges differentiate between an affair that just hurt your feelings and an affair that drained your bank accounts. Here is a breakdown of how the courts handle different situations.

Economic Fault (Wasting Assets on Affairs)

Judges are highly focused on the financial reality of your marriage. Economic fault happens when a spouse uses marital money to fund an affair. If your spouse bought expensive gifts, paid for hotel rooms, or went on secret vacations with an affair partner, the court considers this the dissipation of marital assets. Under R.I. Gen. Laws § 15-5-16.1 for property assignment and R.I. Gen. Laws § 15-5-16 for spousal support, a judge can award you a larger share of marital assets or reduce the cheating spouse's alimony to make up for the money they secretly wasted.

Emotional Distress vs. Financial Impact

An affair always causes severe emotional pain, but Family Court judges are not there to punish people just for being bad spouses. While the court will consider the cheating as the reason the marriage broke down, emotional distress alone usually does not drastically change an alimony award unless it financially impacted the innocent spouse. For example, if the emotional distress was so severe that the innocent spouse had to seek intense therapy, go on medical leave, or lost their job, the court will take that financial harm very seriously.

Does Cheating Outright Bar Someone From Receiving Alimony?

No. In Rhode Island, adultery is not an absolute, automatic bar to receiving alimony. If a spouse cheated but they have a massive financial need, no job skills, and a long marriage, the court might still award them some rehabilitative support to keep them off state welfare. However, their bad behavior will definitely lower the amount they receive compared to if they had been a faithful spouse. The landmark case Fisk v. Fisk, 537 A.2d 418 (RI Supreme Court 1988) established that fault is a critical element, but it is weighed alongside needs, income, and the length of the marriage.

Step-by-Step Process to Bring Up Fault in a RI Divorce

If you want the judge to consider your spouse's bad behavior, you must follow the proper legal procedures in Rhode Island Family Court.

Step 1: File the Proper Divorce Complaint

You must file your initial paperwork with the court. You will use Form FC-56, Rhode Island, Family Court, Complaint for Divorce or Divorce From Bed and Board. On this form, you can select fault grounds, such as adultery, rather than just checking the box for irreconcilable differences. This puts the court and your spouse on notice that you intend to prove marital misconduct.

Step 2: Gather Your Evidence

You cannot just walk into court and accuse your spouse of cheating; you need proof. Gather bank statements, credit card bills showing hotel charges, text messages, emails, or photographs. If your spouse wasted money on an affair, you need a clear paper trail showing exactly how much was spent.

Step 3: Complete Financial Disclosures

Both spouses must fill out Form DR-6, Rhode Island, Family Court, Statement of Assets, Liabilities, Income, and Expenses. You will use this document to show the judge exactly what the family's financial situation looks like and to point out missing money or excessive spending by the cheating spouse.

Step 4: Present the Case in Court

You will present your evidence during a trial or settlement conference. Depending on where you live, this will happen at a local courthouse, such as the Rhode Island Family Court, Providence County, Providence, the Rhode Island Family Court, Kent County, Warwick, or the Rhode Island Family Court, Washington County, South Kingstown. You can find a qualified Rhode Island family lawyer in our directory to help you argue your case effectively.

How Much Does a Divorce Cost in Rhode Island?

Filing a fault-based divorce can be more expensive than a simple no-fault uncontested divorce because it requires more evidence gathering.

• Court Filing Fees: The basic filing fee for a divorce complaint in Rhode Island is approximately $160, plus small fees for the summons.
• Lawyer Fees: Most family law attorneys charge between $250 and $500 per hour. If you are proving fault and going to trial, total legal fees can easily range from $5,000 to over $15,000.
• Private Investigator: If you hire a professional to gather evidence of an affair, expect to pay $75 to $150 per hour for surveillance.

How Long Does the Process Take?

In Rhode Island, there is a mandatory waiting period for divorce. If you file on fault grounds (like adultery), the process generally takes much longer than the standard waiting period. A contested divorce involving fights over alimony, fault, and hidden assets can take anywhere from 9 months to over a year to reach a final trial and a judge's decision.

Frequently Asked Questions (FAQ)