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Choosing to divorce can be a difficult decision. The prospect of a major change in lifestyle, relationships, and finances can make a person’s head spin with uncertainty even if fixing the marriage seems impossible. Many couples simply carry on and try to keep up appearances.
It is a common practice among divorcing couples, to try to keep the marital home. Whether it is to keep stability in the lives of children or because there are emotional connections to the property, holding on to the marital home is often proposed in many property settlements.
Life insurance is one of those subjects few people want to think about most of the time. Fewer still take the trouble to review coverage and implement changes (and some still need prodding from the agent or financial planner). In the divorce process, life insurance on the ex-spouse who is responsible for alimony and or child support is an often overlooked area in the divorce settlement.
One of the more traumatic events in life is when a couple chooses to end their marriage and begin the divorce process. Adding to the trauma are the financial issues of separating assets and agreeing upon various forms of support for the spouse and the children. In most cases, todays divorce proceedings are based upon no-fault, where the process focuses on dividing assets and not the marriage problems.
If there is no indication in a divorce final judgment or decision pending final judgment or property settlement agreement as to who is entitled to claim the children as Dependency Exemptions then automatically the parent with physical placement / physical custody of the minor children is entitled to claim the child or children for Federal Tax purposes.
Rhode Island is an equitable division state; courts divide property equitably. This does not mean equally but fairly. The court considers several factors if the parties have not agreed beforehand on distribution, including the duration of the marriage, each spouse's contribution to acquiring and maintaining the property, the best interests of the children if applicable, contribution of one spouse to the earning capacity of the other, and income, among other things.
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