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.
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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
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.
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).
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).
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.
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).
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.
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.
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.
Frequently Asked Questions
In Rhode Island, legal separation takes the form of a divorce from bed, board, and future cohabitation, a court decree that lets a married couple live apart until they reconcile while staying legally married (R.I. Gen. Laws 15-5-9). The couple lives apart, and the Family Court may award separate maintenance and address custody and support, but the marriage is not dissolved and neither spouse may remarry.
Yes. Rhode Island offers a divorce from bed, board, and future cohabitation, which functions as a legal separation (R.I. Gen. Laws 15-5-9). A court decree separates the couple until they reconcile, without ending the marriage. Not every state offers a separation decree: some provide only a support action, and a few do not recognize legal separation at all. Rhode Island grants this decree on the same grounds as a full divorce.
A Rhode Island 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 (R.I. Gen. Laws 15-5-9). That includes the no-fault ground of irreconcilable differences and the fault grounds in Rhode Island law, such as adultery, extreme cruelty, willful desertion, and continued drunkenness. The grounds are the same ones that would support an absolute divorce.
An absolute divorce ends the marriage, so both people are single again and free to remarry. A divorce from bed and board keeps the marriage in place: the couple lives apart until they reconcile, and the court may award separate maintenance and address custody and support, but they stay married and neither may remarry (R.I. Gen. Laws 15-5-9). It is a separation decree, not a dissolution.
Rhode Island's one-year residency requirement applies to an absolute divorce. A petitioner must be a domiciled inhabitant of Rhode Island, and a person who has not yet lived in the state for a full year may seek a divorce from bed and board rather than an absolute divorce (R.I. Gen. Laws 15-5-9, 15-5-12). The court exercises its powers based on domicile and the circumstances of the case.
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, and it can address custody and child support (R.I. Gen. Laws 15-5-9). Marital property is divided by equitable distribution, the same division used in a full divorce, so those terms are set out in a Rhode Island marital settlement agreement rather than repeated here.
A divorce from bed and board does not dissolve the marriage; it separates the couple until they reconcile (R.I. Gen. Laws 15-5-9). A spouse who wants to end the marriage seeks an absolute divorce, which is a separate proceeding that dissolves the marriage and lets each person remarry. The earlier bed-and-board decree does not by itself end the marriage.
People choose a Rhode Island divorce from bed and board over an absolute divorce for practical or personal reasons. Staying married can keep one spouse on the other's health insurance, though many plans treat a legal separation like a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate for religious reasons or while hoping to reconcile.