When a couple divorces in Rhode Island, all marital property is divided according to equitable division rules. This means that a judge will largely base their decision about how to divide up property between you and your ex by taking into consideration what they deem is fair.
While there are a number of factors that a judge will consider in making such a decision, some of the more common ones are your spouse’s income generation, labor contributions and assets.
Other factors a judge will consider when dividing up marital property between divorcing spouses is how long the couple has been married and how each party conducted themselves during the marriage. Under some state’s laws, whether a spouse cheated on the other leading him or her to file for divorce is irrelevant, the same cannot be said in Rhode Island. It’s very much a factor that can sway a judge in dividing up marital assets.
It should also be noted that when considering income, a homemaking spouse’s contribution will be assigned some type of monetary value by the judge. This will viewed comparatively with the income of the salary-earning spouse when dividing up property.
Other sources of income and prospective employment or asset acquistion opportunities each spouse has will be taken into account as well. Sacrifices that one spouse made so that another could become trained or licensed in his or her own respective profession may weigh on the judge’s decision also.
Each of your ages, disabilities or health conditions may impact a judge’s allocation of martial property. Whether there are minor children involved in the picture that are accustomed to living in the marital home may also impact this.
If you’re considering a divorce and want to ensure that you receive a fair shake of martial assets from the judge, then a Providence property division attorney can advise you of how to go about doing just that.
Source: FindLaw, “Rhode Island marital property laws,” accessed Feb. 01, 2018