Rhode Island
Legal Separation in Rhode Island: Divorce From Bed and Board (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes, though Rhode Island calls it a divorce from bed and board. Under R.I. Gen. Laws 15-5-9, the Family Court may grant a divorce "from bed, board, and future cohabitation, until the parties are reconciled," on any ground for an absolute divorce and for other causes that seem to require it. The spouses stay married; 15-5-23(b) allows remarriage after a final judgment for a divorce from the bond of marriage.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers divorce from bed and board under Rhode Island General Laws 15-5-9, with related provisions in 15-5-3, 15-5-3.1, 15-5-12, 15-5-16, 15-5-16.1, 15-5-18, 15-5-23 and the Family Court jurisdiction statute 8-10-3. It does not cover Family Court rules, Rhode Island case law, custody standards, inheritance, tax or benefits effects of a separation, or other states' law. For absolute divorce, see Rhode Island divorce laws.
Does Rhode Island have legal separation?
Yes. Rhode Island's separation decree is a divorce from bed and board. Section 15-5-9 provides: "Divorces from bed, board, and future cohabitation, until the parties are reconciled, may be granted for any of the causes for which by law a divorce from the bond of marriage may be decreed, and for other causes which may seem to require a divorce from bed and board."
The Family Court hears these cases. Its jurisdiction statute covers "all petitions for divorce from the bond of marriage and from bed and board" (8-10-3(a)).
Grounds for divorce from bed and board
Any ground for an absolute divorce works for a divorce from bed and board, and 15-5-9 adds "other causes which may seem to require" one. The absolute-divorce grounds include:
- Irreconcilable differences. Under 15-5-3.1(a), "A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage."
- Living apart. Section 15-5-3 allows a divorce where the complaint alleges that the spouses "have lived separate and apart from each other for the space of at least three (3) years, whether voluntarily or involuntary."
- Fault grounds listed in 15-5-2.
For the details of each divorce ground, see Rhode Island divorce laws.
Residency for divorce from bed and board
Section 15-5-9 sets its own residency standard: the petitioner must be "a domiciled inhabitant of this state and has resided in this state for a length of time that, to the court in its discretion, seems to warrant the exercise of the powers in this section conferred."
That differs from the one-year rule in 15-5-12(a), which is worded for a "complaint for divorce from the bond of marriage." The FC-56 complaint form recites one year of residence for both options. Ask the Family Court clerk or a Rhode Island lawyer which standard the court will apply to your filing.
What the court can order
Separate maintenance. Under 15-5-9, "the court may assign to the petitioner a separate maintenance out of the estate or property of the husband or wife, as the case may be, in a manner and of an amount as it may think necessary or proper."
Alimony and counsel fees. Section 15-5-16(a) provides: "In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other." For how alimony is set, see Rhode Island alimony laws.
Temporary orders. Under 15-5-18, "After the filing and during the pendency of any petition for divorce, the court may make any interlocutory decrees and grant any temporary injunctions that may be necessary until a hearing can be had before the court."
Property division. The property-assignment statute, 15-5-16.1(a), is worded for orders "made pursuant to a complaint for divorce." It does not say whether it applies to a divorce from bed and board, so this page does not state that the court divides property in that decree.
Children. The Family Court's jurisdiction over custody reaches cases "whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings" (8-10-3(a)). For custody standards, see Rhode Island child custody laws.
You stay married after a divorce from bed and board
A divorce from bed and board does not dissolve the marriage. It runs "until the parties are reconciled" (15-5-9). Section 15-5-23(b) speaks to remarriage after the other kind of decree: "After entry of the final judgment for a divorce from the bond of marriage, either party may marry again."
This page does not cover how a bed and board decree affects inheritance, wills, beneficiary designations, taxes or health insurance. Ask a Rhode Island lawyer before relying on it for any of those purposes.
Turning a separation into a divorce in Rhode Island
Section 15-5-9 does not set out a procedure for converting a divorce from bed and board into an absolute divorce. The FC-56 form is a single complaint for either "divorce" or "divorce from bed and board," and living separate and apart for at least three years is an absolute-divorce ground under 15-5-3.
Ask the Family Court clerk or a Rhode Island lawyer how to move from a bed and board decree to a divorce from the bond of marriage.
Support without filing for divorce
Rhode Island law also recognizes "relief without the commencement of divorce proceedings" (15-5-16(a)), and the Family Court jurisdiction statute refers to petitions for separate maintenance (8-10-3(a)). This page does not cover how those petitions are filed; ask the Family Court clerk.
Forms for divorce from bed and board
The Family Court's Complaint for Divorce or Divorce From Bed and Board, form FC-56 (revised July 2023) is used for both kinds of decree.
Disclaimer: This article provides general legal information about divorce from bed and board under Rhode Island General Laws Titles 8 and 15. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific situation, consult a lawyer licensed in Rhode Island or the Rhode Island Family Court clerk's office.
Related
- Legal separation laws in every state
- Rhode Island divorce laws
- Rhode Island alimony laws
- Rhode Island child custody laws
Last updated: 2026-10-08.
Frequently Asked Questions
What is a divorce from bed and board in Rhode Island?
It is Rhode Island's form of legal separation. Under R.I. Gen. Laws 15-5-9, it separates the spouses from bed, board and future cohabitation until they reconcile, without dissolving the marriage.
What are the grounds for legal separation in Rhode Island?
Any ground for a divorce from the bond of marriage, such as irreconcilable differences (15-5-3.1), plus other causes that seem to require a divorce from bed and board (15-5-9).
How long do you have to live in Rhode Island for a legal separation?
Section 15-5-9 requires the petitioner to be a domiciled inhabitant who has lived in the state long enough, in the court's discretion, to warrant the decree. The FC-56 form recites one year, so confirm the requirement with the Family Court.
Can you get alimony during a legal separation in Rhode Island?
Yes, the court may order it. Section 15-5-16(a) lets the Family Court order alimony or counsel fees in a divorce from bed and board, and 15-5-9 allows separate maintenance out of the other spouse's estate or property.
Can you remarry after a divorce from bed and board in Rhode Island?
Section 15-5-23(b) allows remarriage after a final judgment for a divorce from the bond of marriage. A bed and board decree runs until the parties are reconciled (15-5-9).
Is legal separation the same as divorce in Rhode Island?
No. A divorce from bed and board leaves the marriage in place, while a divorce from the bond of marriage ends it and allows remarriage after final judgment (15-5-23(b)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Rhode Island General Laws, Title 15: Domestic Relations, Chapter 15-5: Divorce and Separation
§ 15-5-9Divorce from bed and boardIn force
Divorces from bed, board, and future cohabitation, until the parties are reconciled, may be granted for any of the causes for which by law a divorce from the bond of marriage may be decreed, and for other causes which may seem to require a divorce from bed and board; provided, the petitioner is a domiciled inhabitant of this state and has resided in this state for a length of time that, to the court in its discretion, seems to warrant the exercise of the powers in this section conferred. In case of a divorce from bed, board, and future cohabitation, the court may assign to the petitioner a separate maintenance out of the estate or property of the husband or wife, as the case may be, in a manner and of an amount as it may think necessary or proper.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
§ 15-5-16Alimony and counsel fees — Custody of childrenIn forcecited in 3 of our articles
(a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other. (b)(1) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider: (i) The length of the marriage; (ii) The conduct of the parties during the marriage; (iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and (iv) The state and the liabilities and needs of each of the parties.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at webserver.rilegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1983
Opinions citing this section in our collection:
- Egan v. Lang (In Re Lang) (United States Bankruptcy Court, W.D. New York 1981, 11 B.R. 428)“…Ct. 538 , 385 A.2d 469 (1978); R.I., R.I.Gen.Laws § 15-5-16 (Supp.1980), Hull v. Hull,…”
- Mainelli v. Whitman (In Re Whitman) (United States Bankruptcy Court, D. Rhode Island 1983, 29 B.R. 362)“…12 B.R. 418 (Bkrtcy.D.Kan.1981). In Rhode Island, R.I.Gen.Laws § 15-5-16 2 directs the family court…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Rhode Island Alimony Laws: How Spousal Support Works (2026), Rhode Island Child Custody Laws: Best Interests, Pettinato Factors, and Your Rights
§ 15-5-3.1Divorce on grounds of irreconcilable differencesIn forcecited in 2 of our articles
(a) A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage. (b) In any pleading or hearing for divorce under this section, allegations or evidence of specific acts of misconduct shall be improper and inadmissible, except for the purpose of making a determination pursuant to §§ 15-5-16 and 15-5-16.1, or where child custody is in issue and the evidence is relevant to establish that parental custody would be detrimental to the child, or at a hearing where it is determined by the court to be necessary to establish the existence of irreconcilable differences. (c) Upon hearing of an action for divorce under this section, the acts of one party shall not negate the acts of the other nor bar the divorce decree.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at webserver.rilegislature.gov
Also relied on in: Rhode Island Divorce Laws (2026): Grounds, Residency, and Process
§ 15-5-12Domicile and residence requirementsIn forcecited in 3 of our articles
(a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled. The residence and domicile of any person immediately prior to the commencement of his or her active service as a member of the armed forces or of the merchant marine of the United States, or immediately prior to his or her absence from the state in the performance of services in connection with military operations as defined in subsection (c) of this section, shall, for the purposes of this section, continue to be his or her residence and domicile during the time of his or her service and for a period of thirty (30) days after this.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2001
Opinions citing this section in our collection:
- Sosna v. Iowa (Supreme Court of the United States 1975, 419 U.S. 393)“…Nev. Rev. Stat. § 125 .-020 (1973). See, e. g., R. I. Gen. Laws Ann. § 15-5-12 (1970); Mass. Gen. Laws Ann., e. 208, §…”
- In Re Sparfven (United States Bankruptcy Court, D. Massachusetts 2001, 265 B.R. 506)“…aintiff must be domiciled in Rhode Island. See R.I. Gen. Laws § 15-5-12. The docket in the divorce action refle…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Rhode Island Annulment Laws: Void Marriages and How to File (2026)
§ 15-5-18Interlocutory decrees and injunctionsIn force
After the filing and during the pendency of any petition for divorce, the court may make any interlocutory decrees and grant any temporary injunctions that may be necessary until a hearing can be had before the court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at webserver.rilegislature.gov
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Sources and References
- R.I. Gen. Laws 15-5-9 (divorce from bed and board)(rilegislature.gov).gov
- R.I. Gen. Laws 15-5-23 (final judgment; remarriage)(rilegislature.gov).gov
- R.I. Gen. Laws 8-10-3 (Family Court jurisdiction)(rilegislature.gov).gov
- R.I. Gen. Laws 15-5-3.1 (irreconcilable differences)(rilegislature.gov).gov
- R.I. Gen. Laws 15-5-3 (living separate and apart)(rilegislature.gov).gov
- R.I. Gen. Laws 15-5-12 (residence for divorce)(rilegislature.gov).gov
- Rhode Island Family Court, Complaint for Divorce or Divorce From Bed and Board (form FC-56, revised July 2023)(courts.ri.gov).gov
- R.I. Gen. Laws 15-5-16 (alimony and counsel fees)(rilegislature.gov).gov
- R.I. Gen. Laws 15-5-18 (interlocutory decrees and temporary injunctions)(rilegislature.gov).gov
- R.I. Gen. Laws 15-5-16.1 (assignment of property)(rilegislature.gov).gov