Rhode Island Divorce Property Division

What the Law Says

Rhode Island courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Rhode Island assigns marital property after weighing the twelve factors of R.I. Gen. Laws §15-5-16.1(a): the length of the marriage; the conduct of the parties during the marriage (fault is relevant); contribution to the acquisition, preservation, or appreciation in value of the estates; the contribution and services of a party as homemaker; the health and age of the parties; the amount and sources of income; occupation and employability; opportunity for future acquisition of capital assets and income; contribution to the other's education, training, licensure, business, or earning power; the custodial parent's need to occupy the marital residence and use its household effects; wasteful dissipation or transfers made in contemplation of divorce without fair consideration; and any factor the court finds just and proper. Premarital property and its appreciation, inheritances, and third-party gifts are excluded (§15-5-16.1(b)); the property assignment precedes any alimony determination and is final (§15-5-16.1(c)). There is no presumption of equal division.

Division Factors (R.I. Gen. Laws §15-5-16.1)

What Rhode Island courts weigh:

1. Length of the marriage (§15-5-16.1(a)(1))
2. Conduct of the parties during the marriage (§15-5-16.1(a)(2))
3. Contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation in value of their respective estates (§15-5-16.1(a)(3))
4. Contribution and services of either party as a homemaker (§15-5-16.1(a)(4))
5. Health and age of the parties (§15-5-16.1(a)(5))
6. Amount and sources of income of each of the parties (§15-5-16.1(a)(6))
7. Occupation and employability of each of the parties (§15-5-16.1(a)(7))
8. Opportunity of each party for future acquisition of capital assets and income (§15-5-16.1(a)(8))
9. Contribution by one party to the education, training, licensure, business, or increased earning power of the other (§15-5-16.1(a)(9))
10. Need of the custodial parent to occupy or own the marital residence and to use or own its household effects, taking into account the best interests of the children of the marriage (§15-5-16.1(a)(10))
11. Either party's wasteful dissipation of assets, or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration (§15-5-16.1(a)(11))
12. Any factor which the court shall expressly find to be just and proper (§15-5-16.1(a)(12))

Common Questions