By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed July 12, 2024
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Rhode Island, like most other states, is an equitable distribution state. In a divorce or legal separation, couples must divide all marital property fairly, but not always equally. Marital property is everything acquired or purchased during the marriage, no matter whose name is on the title.
A few states, like California, are community property states. In these states, family law courts split marital property 50/50 between spouses. All states have their own definition of marital and separate property.
Married couples can make their own property division arrangements with a prenuptial agreement. Rhode Island courts will incorporate these agreements into any divorce orders.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.
Marital property is everything acquired during a marriage by either spouse. It's also anything bought with marital property and any increase in separate property due to efforts by the spouses. Marital property can include:
Separate property is everything owned before the marriage or bought with separate assets. It also includes gifts or inheritances from third parties received during the marriage and anything excluded from the marital estate by a prenuptial agreement.
Separate property can include personal injury settlements if spouses keep the funds separate from the marital accounts. They are "transmuted" and become marital property if mingled with marital assets. Transmutation can lead to premarital property becoming marital property unless spouses have a prenuptial or other arrangement.
Visit FindLaw's Divorce and Property section for more articles and helpful resources.
Rhode Island family courts make a division of assets before alimony awards. The judge considers a party's needs based on the assignment of property. So, equitable division helps determine the parties' post-divorce status. When dividing property, the judge must consider all relevant factors, including:
A family court judge awards alimony after any property division. The court also issues child support orders to both parents because parents must contribute to the child's support.
Nobody should handle their divorce case alone. Questions about property division and spousal support need an experienced Rhode Island divorce attorney for answers. Get the right legal advice before deciding about your divorce or premarital agreement.
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