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Rhode Island Property Distribution Laws

A Rhode Island divorce court will allow each party to retain his or her separate property. Separate property is any property acquired prior to the marriage and any property which a spouse receives by gift or inherits (either before or during a marriage). All other property may be divided by the Rhode Island divorce court based upon the following factors:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the length of the marriage;

• the conduct of the spouses during the marriage;

• the health and ages of the spouses;

• the amount and sources of income of the spouses;

• the occupation and employability of each of the spouses;

• the contribution by one spouse to the education, training, licensure, business, or increased earning power of the other;

• the need of a custodial parent to occupy or own the marital residence and to use or own the household effects according to the best interests of any children;

• either spouse's wasteful dissipation or unfair transfer of any assets in contemplation of divorce;

• opportunity of each party for future acquisition of assets and income; and

• any other factor which is just and proper.

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