| Rhode Island is an equitable distribution of assets | | | | required that interest earned from premarital |
| state. R.I.G.L 15-5-16.1 is the statute that pertains | | | | property be derived from the efforts of the |
| to equitable distribution of assets. The Rhode | | | | other spouse. |
| Island Supreme Court has stated on numerous | | | | Gifts from third parties whether acquired before |
| occasions that marriage is an Economic | | | | or during the marriage are not marital property |
| Partnership. | | | | subject to equitable division under Rhode Island |
| Article by Rhode Island Divorce Lawyer David | | | | Law. The income and appreciation from gifted |
| Slepkow. You can contact David Slepkow at | | | | property is not marital property. This specifically |
| 401-437-1100. Please contact a RI divorce | | | | includes life insurance and distributions from trusts. |
| Attorney if you need legal help. | | | | Inherited property is not marital property. The |
| The equitable distribution statute is designed to | | | | income and appreciation of inherited property is |
| fairly assign marital property in a Rhode Island | | | | not subject to the equitable distribution statute in |
| Divorce based primarily on the contributions that | | | | a RI divorce. |
| each party made to the marital estate. Judges in | | | | An advanced degree is not a marital asset. A |
| Rhode Island have a lot of discretion to equitably | | | | professional's license such as as a lawyer's license |
| divide marital assets. Equitable does not always | | | | to practice law is not a marital asset. |
| mean equal! | | | | Can property, which was originally non-marital |
| The assets capable of being divided obviously | | | | separate property, be converted to marital |
| include real estate, pensions, retirement accounts, | | | | property? |
| 401k, cars, boats, artwork, collectibles, bank | | | | Yes. The Rhode Island divorce case of Quinn v |
| accounts, ira's, motorcycles, vehicles, time shares, | | | | Quinn is the seminal RI case pertaining to doctrine |
| furniture, televisions, computers, and business | | | | of transmutation. The doctrine of transmutation |
| interests. Retirement benefits are marital assets | | | | can change the character of non marital property |
| under Rhode Island Law if acquired during the | | | | to marital property. |
| course of the marriage. Certain disability pensions | | | | In Quinn v. Quinn, 512 A.2d 848, 852 (R.I. 1986), |
| may not be marital asset. | | | | the Rhode Island Supreme Court stated that the |
| What steps must a Rhode Island Family Court | | | | "transfer of non marital assets from one spouse |
| Judge use to make an equitable distribution in a | | | | to both spouses jointly, in the absence of clear |
| Rhode Island Divorce? | | | | and convincing evidence to the contrary, will be |
| Equitable division of assets in RI is a multi step | | | | understood as evincing an intention to transfer |
| process. The first step is for the Judge to | | | | the property to the marital estate. This doctrine, |
| determine what property constitutes marital | | | | known as transmutation, is consistent with the |
| property in Rhode Island. After a judge | | | | recognition that marriage is a partnership ... The |
| determines what constitutes marital property, the | | | | provisions in 15-5-16.1 are designed to achieve |
| Rhode Island Family Court judge must apply the | | | | that end. Oliviera v. Oliviera |
| factors set forth in 15-16.1. The judge must lastly | | | | "In Quinn, the husband placed the proceeds from |
| equitably divide the marital property. | | | | the sale of his inherited property, first, into a |
| What are the Automatic Court orders and when | | | | jointly held Certificate of Deposit and, then, |
| do they go into effect? | | | | ultimately, into a joint account. We held that this |
| The Husband and wife must be careful not to | | | | action evinced an apparent consent to the wife's |
| violate the automatic court orders pertaining to | | | | demand for an ownership interest in the funds. |
| the parties' assets. This automatic order enters | | | | The husband then used a portion of those funds |
| upon the Plaintiff signing the Divorce Petition as to | | | | to acquire a piece of realty, which he held jointly |
| the Plaintiff and becomes effective as to the | | | | with his wife. We said that "[s]uch an act [was] |
| Defendant in the divorce when the summons is | | | | consistent with, and indicative of, an intent that |
| served upon the Defendant. This order essentially | | | | the parcel become part of the marital estate." |
| prevents either party from unlawfully dissipating | | | | Oliviera v. Oliviera |
| assets or canceling life or health insurance among | | | | If one spouse transfers non-marital property to |
| other things. | | | | the other spouse in joint names then that will |
| What property and assets constitute Marital | | | | usually change the property to marital property. |
| Property subject to equitable distribution in RI? | | | | However, the spouse can by clear and convincing |
| All property acquired during the course of the | | | | evidence prove that the spouse did not intend to |
| Marriage by either party constitutes Marital | | | | create an ownership interest in the property. |
| property subject to equitable distribution with | | | | There is, however, a rebuttable presumption that |
| certain exempt property set forth below. | | | | the transfer was intended to gift the property to |
| Gifts given by the parties to each other are | | | | the other spouse. |
| marital assets which can be equitable divided in a | | | | Commingled assets |
| Rhode Island Divorce. | | | | If a marital asset and a non-marital asset are |
| What assets are not marital property under | | | | commingled and used to purchase or exchanged |
| Rhode Island Divorce Law? | | | | for other property then the new asset |
| Premarital property is not subject to the equitable | | | | constitutes marital property. |
| division statute. Premarital property is property | | | | Personal Injury Settlements and Car accident |
| that was acquired by either spouse prior to the | | | | Claims in RI |
| date of the marriage. | | | | A personal injury settlement or judgment for pain |
| Income derived from premarital property during | | | | and suffering, future lost earnings and |
| the course of the marriage is subject to the | | | | reimbursement for future medical bills are not |
| equitable distribution statute. The appreciation in | | | | marital property in RI. Awards for past medical |
| value of premarital property during the course of | | | | expenses and past lost wages for a personal |
| the marriage is also subject to the equitable | | | | injury, slip and fall or workers compensation claim |
| division statute. | | | | are marital property .Workers compensation |
| In order for the appreciation of value of | | | | awards compensating disfigurement is not marital |
| premarital property to be equitably divided, the | | | | property. |
| appreciation must result from the efforts of the | | | | Are Social Security, SSI benefits or SSDI Benefits |
| spouse who do did not own the asset prior to the | | | | Marital property? |
| marriage. This provision requiring that the | | | | Social security benefits are not marital property. |
| appreciation result from the efforts of the other | | | | If I hit the lottery after the Divorce Trial or |
| spouse is often loosely applied in Rhode Island (RI) | | | | Nominal Hearing but before entry of final |
| Family Court, especially in marriages of long | | | | judgment does my spouse get an equitable |
| duration. | | | | share? |
| It is important to note that the Rhode Island (RI) | | | | Yes, surprisingly assets acquired after trial but |
| Legislature made a distinction between interest | | | | before entry of Final Judgment are marital |
| and appreciation in determining whether the other | | | | property. |
| spouse must have expended any effort. The RI | | | | All assets acquired up to entry of final judgment |
| legislature did not require any effort of the other | | | | are marital assets unless the parties entered into |
| spouse in order for interest derived from | | | | a property settlement agreement stating |
| premarital property to be equitably divided by the | | | | specifically that those assets are non-marital. |
| Rhode Island Family court in a divorce. It is not | | | | |