Rhode Island Legal Separation Agreement
Rhode Island grants a divorce from bed and board, a court decree of legal separation on the same grounds as a full divorce that lets a couple live apart while staying married. Attorney review available.
Find out where you stand in Rhode Island
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Introduction
Rhode Island grants a divorce from bed, board, and future cohabitation, a court decree of legal separation that lets a married couple live apart until they reconcile while staying legally married and unable to remarry (R.I. Gen. Laws 15-5-9). By statute a divorce from bed and board may be granted for any of the causes for which a divorce from the bond of marriage may be decreed, so it rests on the same grounds as an absolute divorce, including irreconcilable differences and the fault grounds in Rhode Island law (R.I. Gen. Laws 15-5-9, 15-5-3.1). In a divorce from bed and board the Family Court may award separate maintenance to a spouse out of the estate or property of the other, and it can address custody, child support, and use of the marital home. This decree does not dissolve the marriage: it separates the couple until they reconcile, and neither may remarry unless the marriage is later ended by an absolute divorce. Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a step short of divorce. Rhode Island divides marital property by equitable distribution, the same division used in a full divorce, so rather than repeat it here those terms belong in a Rhode Island Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is a Rhode Island Divorce Petition. DocDraft builds your Rhode Island legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Rhode Island grants a divorce from bed, board, and future cohabitation, a court decree of legal separation that lasts until the parties are reconciled; the couple stays legally married and neither spouse may remarry (R.I. Gen. Laws 15-5-9).
- 2
A Rhode Island divorce from bed and board may be granted for any of the causes for which a full divorce may be decreed, so it uses the same grounds, including irreconcilable differences and the fault grounds in state law (R.I. Gen. Laws 15-5-9, 15-5-3.1).
- 3
In a divorce from bed and board the Rhode Island Family Court may award separate maintenance to a spouse out of the estate or property of the other, in the amount it finds necessary or proper (R.I. Gen. Laws 15-5-9).
- 4
A Rhode Island divorce from bed and board does not dissolve the marriage. It separates the couple until they reconcile, and the marriage ends only if the couple later obtains an absolute divorce (R.I. Gen. Laws 15-5-9).
- 5
Rhode Island's stricter one-year residency requirement applies to an absolute divorce; a petitioner who is a domiciled inhabitant but has not lived in the state a full year may seek a bed-and-board separation instead (R.I. Gen. Laws 15-5-9, 15-5-12).
- 6
Couples choose a Rhode Island divorce from bed and board over an absolute divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security benefits, for religious reasons, or while hoping to reconcile.
- 7
Rhode Island divides marital property by equitable distribution, the same division used in a full divorce, so those terms belong in a marital settlement agreement rather than the separation itself; see the Rhode Island marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Rhode Island Requirements for Legal Separation Agreement
Divorce From Bed and Board
Rhode Island grants a divorce from bed, board, and future cohabitation, a court decree of legal separation that lasts until the parties reconcile (R.I. Gen. Laws 15-5-9). The couple stays legally married and neither spouse may remarry.
Grounds Same as a Full Divorce
A divorce from bed and board may be granted for any of the causes for which a divorce from the bond of marriage may be decreed, so it uses the same grounds, including irreconcilable differences and the fault grounds in state law (R.I. Gen. Laws 15-5-9, 15-5-3.1).
Separate Maintenance From the Other Spouse
In a divorce from bed and board the Family Court may award separate maintenance to a spouse out of the estate or property of the other, in the amount it finds necessary or proper (R.I. Gen. Laws 15-5-9).
Marriage Not Dissolved
A Rhode Island divorce from bed and board separates the couple until they reconcile but does not dissolve the marriage (R.I. Gen. Laws 15-5-9). The marriage ends only if the couple later obtains an absolute divorce.
Residency and Domicile
Rhode Island's one-year residency requirement applies to an absolute divorce; a petitioner who is a domiciled inhabitant may seek a bed-and-board separation, and the court exercises its powers based on domicile and the circumstances (R.I. Gen. Laws 15-5-9, 15-5-12).
Equitable Distribution of Marital Property
Rhode Island divides marital property by equitable distribution, the same division used in a full divorce. Set it out in a Rhode Island marital settlement agreement rather than in the separation itself.
Reasons to Choose Separation Over Divorce
A Rhode Island divorce from bed and board keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or reconciliation reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.
Separation Versus Marital Settlement Agreement
A Rhode Island divorce from bed and board sets the couple's marital status; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the separation decree for status.