When Alimony is left open in a Rhode Island Divorce, the Family Court does not make a specific award of Alimony at that time. In the future, the spouse may return to Court and seek Alimony based on the Parties situation at that time.
Open Ended Alimony was validated by The Rhode Island Supreme Court in Calitri v Calitri347 A.2nd 631 (1975).
However, in Thompson v. Thampson the Rhode Island Supreme Court alluded to the concept of a “window of opportunity” to obtain alimony. The Thompson Court stated:
“[A]limony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.” Giammarco v. Giammarco, 959 A.2d 531, 535 (R.I.2008) (quoting Berard v. Berard, 749 A.2d 577, 581 (R.I.2000)). It is prospective, not retroactive, in nature and is designed to provide support for a party until he or she can become self-sufficient. We are of the opinion that the window of opportunity for an award of prospective alimony is closed and there shall be no alimony in this case.”
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