When couples in Rhode Island get divorced, they will need to divide their marital property. As an equitable distribution state, Rhode Island courts divide the couple’s marital property and debts in a fair manner. This often means that the division will not be 50-50, but it will be based on certain factors that decide what each spouse should receive.
The relationship and roles during marriage will affect property division
Even if the couple goes through mediation and negotiates their division of property during the divorce, the court will still have to approve it. Some of the factors that the court will consider include how long the marriage lasted and how each person behaved during the marriage. Each person’s contribution to the marriage will also be considered, including those made as homemaker by either spouse or to support the education, training and development of one spouse’s profession and career.
Other factors that will impact property division
During the process, the court will also look at other factors to decide what entails a fair property division. These include:
- The age and physical and mental state of each spouse
- Each spouse’s current income and their ability to gain employment and earn income in the future
- Each spouse’s contribution when buying, maintaining and upgrading each property
- Any history of either spouse wasting of the marital property or attempting to transfer ownership of the property anticipating the divorce
- The custodial parent’s need to stay in the marital home to continue raising the children, if in the best interests of the children
- Each person’s individual property, though this will not be counted towards the division of marital property
- Any other factor that the court feels will affect the court’s decision
Even if couples work together to divide their property, they should consider many of these factors. The court will, in the end, decide whether the couple’s division of property is fair.