Property division has always been a critical issue in Rhode Island divorce cases. Who keeps the family home? What happens to retirement savings? How are debts divided up? To determine who gets what, courts consider whether the property is marital or separate. Marital...
Property Division
How debts are typically divided in a divorce
Rhode Island is an equitable distribution state, which means that in a divorce, assets are divided by the court based on a number of factors. It also means that debts may be divided pursuant to the same principles. When was the debt acquired? Typically, you aren't...
What factors affect property division in Rhode Island?
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,...
Understanding how a QDRO could affect you
Deciding how to distribute financial assets in a Rhode Island divorce proceeding can be complicated for some couples. One specific common issue with dividing assets is when one spouse has a significant retirement account. Contributions to the account for the duration...
How are pets treated in a Rhode Island divorce?
Rhode Island pet parents might be conflicted as to what happens to their pets after they get divorced. It's important to learn how the law handles pets during the divorce process. Why do divorced people argue over their pets? Increasingly, couples all around the...
How does equitable distribution work?
Rhode Island residents who divorce will need to go negotiate their division of property. As an equitable distribution state, state courts focus on a fair division of property, not necessarily an equal one, although in some cases, the courts might find that dividing...
What happens if the marital home doesn’t sell?
It's not uncommon for a judge to decree that a Rhode Island couple’s home be sold as part of a divorce settlement. However, that doesn’t mean that the house will sell right away or for your desired sale price. There are several different things you can do if this...
Divorce and hidden assets
While many people in Rhode Island who are going through a divorce only think about dividing assets like homes, vehicles, retirement accounts, and bank accounts, there might be other items that could come into play. Several types of assets might easily be forgotten or...
How do you keep your separate property in a divorce?
If you get a divorce in Rhode Island, you may be able to keep your separate property instead of having it divided. If you have a prenuptial agreement that has been prepared correctly, this will make the process easier and more straightforward. However, there are other...
Should you keep or sell your house during your divorce?
When you file for divorce in Rhode Island, you'll have to figure out how to divide every property you own--including your house. If you're like most people, your first instinct might be to fight to keep the house. However, keeping the house could actually cause more...