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When a marriage ends, one of the most complex and emotionally charged issues to resolve is the division of marital property. Couples often have questions about what assets are considered marital, what property remains separate, and how the Rhode Island family court will decide who gets what. Because Rhode Island is an equitable distribution state, property is not divided strictly in half; instead, it is divided in a manner that is fair and equitable to both parties.
At The Law Office of Brett V. Beaubien, LLC, Attorney Beaubien works directly with clients to guide them through the complexities of property division in divorce proceedings. As a Rhode Island divorce attorney, he provides personalized service to help clients protect their interests, avoid common mistakes, and pursue the best possible outcome when dividing marital assets and debts.
About The Law Office of Brett V. Beaubien, LLC
Based in Providence, Rhode Island, The Law Office of Brett V. Beaubien, LLC represents clients in family law, criminal defense, and appeals across Rhode Island and Massachusetts. Known for personalized service and a strong record of client advocacy, Attorney Beaubien helps individuals navigate sensitive family law issues such as divorce, child custody, and property division with professionalism and care.
Understanding Equitable Distribution in Rhode Island
Unlike community property states, which generally divide marital property equally, Rhode Island follows the principle of equitable distribution of marital property. This means that property is divided in a manner the court considers fair, taking into account a range of factors such as income, length of the marriage, and contributions made by each spouse.
It’s essential to remember that ‘equitable’ does not always mean ‘equal.’ One spouse may receive a larger share of the marital estate if the family court judge determines that fairness requires it. For this reason, having an experienced attorney who understands how equitable distribution works is essential when navigating divorce in Rhode Island.
What is Considered Marital Property?
In Rhode Island, not all assets are treated the same. The court distinguishes between marital property and separate property.
- Marital Property: Generally, all property acquired during the marriage is considered marital property, regardless of whose name is on the title. This may include:
- The marital home
- Vehicles
- Bank accounts
- Retirement funds
- Investments and capital assets
- Debts acquired during the marriage
- Separate Property: Certain assets are excluded from division and are considered separate property. These include:
- Property owned before the marriage
- Inherited money or property given to one spouse only
- Gifts received by one spouse during the marriage
- Assets acquired after a legal separation or after the divorce is filed
However, even separate property can sometimes become subject to division if it was commingled with marital assets. For example, if inherited money is placed into a joint bank account and used for household expenses, the court may consider it marital property.
Factors That Influence Property Division
When deciding how to divide property under Rhode Island’s equitable distribution laws, the court looks at several key factors, including:
- The length of the marriage
- The conduct of the parties during the marriage
- The contribution of each spouse to the acquisition and preservation of marital assets
- The income and employability of each spouse
- The health and age of the parties involved
- The needs of minor children and the custodial parent
- The opportunity for future acquisition of income and assets
- Debts acquired by either spouse during the marriage
These factors enable the court to determine a fair share of marital property for each spouse, taking into account not only financial contributions but also non-financial roles, such as raising children or managing the household.
The Role of Premarital Agreements
Prenuptial agreements and postnuptial agreements can significantly affect property division in Rhode Island. If a valid agreement exists, the court will typically uphold it as long as it meets the legal requirements, such as full disclosure of assets and voluntary execution.
For couples with substantial assets, business ownership, or inheritances, a premarital agreement can clarify what will be considered separate property versus marital property. Attorney Beaubien advises clients on how these agreements interact with Rhode Island’s equitable distribution rules and represents clients in disputes involving the enforceability of such agreements.
Steps in the Property Division Process
The process of dividing marital assets in Rhode Island typically follows several steps:
- Identify Property: Both parties disclose all assets, debts, and sources of income. Full disclosure is required, and failure to disclose hidden assets can result in penalties.
- Classify Property: The court determines what constitutes marital property versus separate property.
- Value Property: Assets must be assigned a fair market value. This may require appraisals, business valuations, or assistance from a forensic accountant.
- Divide Property: The court uses the principles of equitable distribution to allocate assets and debts between the spouses. This includes considering retirement funds, marital homes, jointly owned businesses, and debts acquired during the marriage.
In some cases, the couple may decide to reach their own agreement regarding property division, which the court may approve as long as it complies with Rhode Island law.
Legal Support from The Law Office of Brett V. Beaubien
Property division can be one of the most contentious aspects of divorce. Attorney Beaubien provides strategic planning and personal attention to help clients navigate this complex process. His support includes:
- Conducting thorough reviews of assets and debts
- Identifying hidden assets or improperly classified property
- Advising clients on the impact of premarital agreements
- Advocating for clients in Rhode Island Family Court hearings
- Helping clients avoid costly mistakes, such as overlooking retirement accounts or undervaluing business interests
Because Attorney Beaubien is a solo practitioner, clients can trust that their case will receive his direct attention and careful handling.
Frequent Mistakes to Avoid in Property Division
Dividing marital assets is complicated, and mistakes can lead to unfair outcomes or future disputes. Some common pitfalls include:
- Failing to Disclose All Assets
- Overlooking Debts
- Not Considering Tax Consequences
- Ignoring Non-Financial Contributions
- Relying on Informal Agreements
Working with a knowledgeable Rhode Island divorce attorney helps clients avoid these mistakes and ensures that property division is handled correctly the first time.
Schedule a Free Consultation
If you are facing divorce and need guidance on how equitable distribution works in Rhode Island, Attorney Brett Beaubien is here to help. He provides clear explanations, strong advocacy, and personalized service to ensure that your property division is fair and legally sound.
Contact The Law Office of Brett V. Beaubien, LLC today to schedule a free consultation with an experienced divorce attorney. By working directly with Attorney Beaubien, you will have a trusted advocate who will protect your rights and guide you through the complexities of marital property division in Rhode Island.
Categories: Rhode Island Laws
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