RHODE ISLAND Part 69

Alimony and Property Settlement Agreements in Rhode Island

Another important issue, perhaps crucial issue, is whether or not the parties enter into a property settlement agreement in the divorce. In order for the alimony to be completely non modifiable, the alimony must be agreed to in a Property settlement agreement. The Court has no power to modify a property settlement agreement. A Court can only enforce or interpret a property settlement agreement. In the event of impossibility of payment, the Court could award equitable relief, equitably reforming the contract between the parties. Please contact a Rhode Island Divorce Attorney concerning whether or not it is advisable to draft a Property Settlement agreement in your case. Proper drafting of a Property Settlement Agreement and Alimony provisions in a Property Settlement Agreement is beyond the scope of this article.