In Rhode Island, all property and assets acquired by the husband and wife (with certain limited exceptions, some of which are set forth in more detail below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. Nonetheless, inheritance and gifts do not constitute marital property in …
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No. Pursuant to Rhode Island divorce law, appreciation of inheritance or gifts during the course of the marriage is not subject to equitable distributionPersonal Injury settlements in RI
Personal injury settlements or judgments, in Rhode Island, relating to pain and suffering , disability and certain types of disability pensions are not marital property. However, portions of such settlements pertaining to lost wages during the course of the marriage and medical bills expended during the marriage or other similar such damages do in fact constitute marital property subject to equitable division. For a more in depth explanation of whether injury awards are marital property in RI, please see also http://rhodeislanddivorcelawyerarticles.com/are-personal-injury-awards-marital-property-in-a-ri-divorce/Is premarital property subject to equitable division of assets in Providence Family Court?
Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division by a Rhode Island family court judge or General Magistrate.
However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of the spouse who do did not own the asset prior to the marriage. This provision requiring that the appreciation result from the efforts of the other spouse is often loosely applied in Rhode Island Family Court, especially in marriages of long duration.” See also: http://www.hg.org/article.asp?id=18610
For example, if husband owned investment multi-family real estate before the marriage and the real estate appreciated during the marital union then such appreciation may be divided by a RI Family Court Justice if wife can show her efforts in some way lead to the appreciation in the investment real estate.Is property divided half to the wife & half to husband in a divorce in Rhode Island?
No, not in every case.
How can fault be relevant in a divorce in Providence Family Court?
Even though Rhode Island and Providence Plantations is considered a no fault state, fault allegations ( if they can be proved) can play a significant role in how the Rhode Island Family Court equitably divides the debts and property of the marriage. The Providence Family Court Judge or General Magistrate must first determine what property constitutes marital property under RI law. Once that is determined, the RI Family Court Justice will analyze numerous factors set forth in R.I.G.L. 15-5-16.1 to establish the division of marital property.