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Rhode Island Articles
How is marital debt actually divided in Rhode Island Divorce? That is a very difficult and complicated question. There is no clear answer. The answer can only be determined by analytical reasoning.
In Rhode Island, all assets acquired by the parties (with limited exceptions as set forth below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. However, gifts and inheritances are not marital property subject to being divided unless the parties co-mingle the assets. A co-mingling could occur if a person puts the other spouse’s name on an account or puts the other spouse’s name on the deed to real estate.
Rhode Island provides for temporary or permanent alimony. The court, in making a decision, considers the earning capacity of the spouse receiving alimony, the income of the spouse paying, education and skills, which spouse spent a majority of time as a homemaker, and the time and expense required for the receiving spouse to undergo education or training to improve employment possibilities.
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