The division of marital property in Rhode Island is governed by state law, codified under R.I. GEN. LAWS § 15-5-16.1, which lists several factors for judges to consider in property division. These factors include the length of the marriage, the conduct of the parties during the marriage, contributions from each party to the marital estate, the contributions of each party as a homemaker, the occupation and employability of each party, and the best interests of any children shared by the parties, among others factors.

In evaluating the conduct of the parties during the marriage, courts are allowed to consider any infidelity or abuse in making an equitable distribution of the marital assets. Additionally, financial misconduct by either party (wasteful dissipation of assets or hiding or encumbering assets in anticipation of divorce without equitable consideration) can be grounds for awarding more property to the other spouse.

Factors based on the needs and abilities of the spouse allow for courts to award more property to a spouse who has a greater need and less ability to earn. If a spouse is maintaining primary custody of the parties’ children, for example, they are more likely to be awarded the marital home, as it is in the best interests of the children to remain in their home.

In order to effectively distribute marital property in a fair and equitable manner, courts are given a great amount of discretion to rely on various factors in an attempt to make the best decision. Because courts have such discretion, it is important for a divorcing party to make a compelling and convincing case for the assets to be divided in a way that suits them. An effective Rhode Island divorce attorney can make the strongest case for their clients to be awarded the property that they are entitled to in a divorce

Are You Anticipating a Divorce?

If you or a loved one is separated or otherwise anticipating getting divorced, having a plan to ensure fair and equitable property distribution in your favor is extremely important. With the help of a skilled Rhode Island family law attorney from Bilodeau Capalbo, you can prevent your future ex-spouse from unfairly receiving more of the marital estate than they deserve. Our qualified divorce attorneys understand the factors considered by Rhode Island family courts, and we are able to ensure that our clients receive a fair share of the marital estate, as well as child support and alimony where applicable. Call us at 401-300-4055 to discuss your case and schedule a free consultation with a qualified Rhode Island family law attorney today.

The equitable distribution process requires Rhode Island family law judges to engage in a multi-step analysis. First, the judge must determine what constitutes marital property. Courts consider marital property any property that was acquired during the marriage, with a few exceptions. While property that was owned by one spouse before the marriage is not typically considered marital property, any increase in value that occurred during the marriage may be subject to equitable distribution. Inherited property is not considered marital property, nor is any income received from such property. However, gifts between spouses are marital property.

Once a judge determines which of the couple’s assets are marital property, she will then consult the list of factors contained in Rhode Island General Laws section 15-5-16.1, including:

• The duration of the marriage;
• Each parties’ contribution in terms of acquisition, preservation, or appreciation in the value of their respective estates;
• The conduct of the parties during the marriage;
• The contribution and services of either party as a homemaker;
• The age and health of the parties;
• The occupation and employability of the parties;
• Either party’s contribution to the education or increased earning power of the other party;
• Either party’s wasteful dissipation of assets; and
• The need of the custodial parent to occupy or own the marital residence.

In addition, the final factor allows a judge to consider “any factor which the court shall expressly find to be just and proper.” Rhode Island divorce judges can consider almost anything they want to, as long as it would not be improper to do so.

Finally, after the court weighs these factors, it must then divide the assets according to its findings. Courts have broad discretion in awarding assets in a Rhode Island divorce, and anyone going through a divorce should consult with a dedicated family law attorney o ensure their interests are protected.

Are You in the Process of a Rhode Island Divorce?

If you are currently going through a Rhode Island divorce, or are separated and considering divorce, contact one of the dedicated family law attorneys at Bilodeau Capalbo, LLC. At Bilodeau Capalbo, we have extensive experience representing clients in separation and divorce proceedings, and are intimately familiar with all the applicable laws. We work tirelessly to ensure that you are treated fairly throughout the process. We proudly represent clients across Rhode Island, including in West Warwick and Westerly. To learn more, call 401-300-4055 to schedule a free consultation today.

Evidently, in 1964, a lot was divided into two separate lots without having the plan presented to the local planning board. Later, the owner of one of the lots applied for a permit to build a house on the lot. The building inspector denied the permit. The plaintiff brought the case to the planning board, which determined that the division of the lot was not in compliance with the subdivision control law. On appeal before the state’s supreme judicial court, the court considered whether the division was considered a subdivision according to the subdivision control law and the local zoning ordinance, and if it was not, whether it still had to be approved by the planning board.

The state’s supreme judicial court reversed the lower court’s decision. The court decided that the division did not require approval from the planning board at the time, and that it met the legal requirements for the division of the land at the time. The subdivision control law stated that a subdivision could not be made unless it was first approved by the local planning board. However, certain divisions of land were excluded from the meaning of “subdivision.” For example, a division was excluded if each new lot had sufficient frontage on a public way to satisfy the applicable local zoning ordinance.

In this case, the two newly created lots both had the required amount of frontage on a public way, and therefore, did not require planning board approval. The court also decided that the division met all the other requirements for the division of land that existed at the time. Therefore, the building permit was improperly denied.

Subdivision of Land

A subdivision of land is generally the division of a lot into smaller lots. Subdivision typically requires prior approval and recording the subdivision and a final map after completion, although there can be exceptions. Whether a subdivision of land must meet certain legal requirements often depends on the meaning of the term subdivision under the applicable law. Each jurisdiction has different requirements to subdivide property lawfully, and understanding the applicable laws and regulations is essential.

Contact a Rhode Island Real Estate Lawyer

Property laws change regularly, making some Rhode Island real estate issues exceedingly complex. If you are concerned about a property dispute or transaction, consulting with an experienced real estate attorney is essential. The Rhode Island real estate lawyers at Bilodeau Capalbo, LLC represent clients in Rhode Island, Massachusetts, and Connecticut. Our experienced lawyers can help you negotiate and draft purchase and sale agreements, handle land title issues, fight adverse possession claims, resolve boundary line disputes, and more. Call us at 401-300-4055 or fill out our online form to set up a free consultation.

According to the court’s opinion, Husband and Wife filed for divorce after 26 years of marriage. At the time the court entered an order dissolving the marriage, it incorporated a marriage settlement agreement (the “agreement”) that the parties had agreed upon. Among other things, the marriage settlement agreement provided that Wife would retain sole ownership of the former couple’s two dogs. The agreement also stated that Husband was permitted to take the dogs for visits from Tuesday morning through Thursday morning.

For about six months, Husband was able to visit the dogs under the terms of the agreement. However, Wife eventually stopped allowing Husband to visit the dogs. Husband requested the court step in to enforce the terms of the marriage settlement agreement, asking the court to order Wife to allow his visits and provide for make-up visits. Wife responded with her own request to the court, claiming that she should not need to comply with the agreement because Husband was not properly caring for the dogs and had attempted to keep them away from her, in violation of the agreement.

Wife claimed that on several occasions the dogs needed to go to the vet after Husband’s visits. Additionally, she claimed that Husband claimed one of the dogs was missing when it was later found in his closet. Husband responded that under the terms of the agreement, he was not permitted to take the dogs to the vet; otherwise, he would have done so himself. He also explained that he was honestly mistaken about the location of the dog, and that he too was surprised it was in his closet.

The trial court determined that Husband acted in good faith, and that Wife violated the terms of the agreement when she refused Husband’s visits. The Wife appealed.

On appeal, the lower court’s decision was affirmed. The appellate court explained that the trial court’s decision was entitled to deference and, based on the evidence presented, the decision was reasonable. The court went on to explain that the dogs, under the law, are considered “property,” and an agreement as to possession of property cannot be set aside by the court if one party later changes her mind. Thus, the court ordered Wife to allow Husband’s visits with the dogs.

Are You Considering a Rhode Island Divorce?

If you are currently separated from your spouse or are considering filing for a divorce, contact the dedicated Rhode Island family law attorneys at Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients in a wide variety of Rhode Island family law cases, including divorce, child custody disputes, and property disputes. To learn more about how we can help you with your situation, call 401-300-4055 to schedule a free consultation today.

Prospective spouses may enter into a premarital agreement for any number of reasons, most of which are valid. Rhode Island law provides for certain default rules to be applied in the event of death or divorce, and these rules may not work for all couples. Thus, couples can clarify their intent to have a different set of rules apply in their marriage by creating a premarital agreement. Most often, Rhode Island prenuptial agreements are designed to provide the parties financial clarity.

The Enforceability of Prenuptial Agreements

As a general rule, validly created Rhode Island premarital agreements are considered binding against the parties. In Rhode Island, courts look to the Uniform Premarital Agreement Act when determining whether an agreement is valid. Notably, Rhode Island courts place a heavy burden on the party seeking to invalidate the agreement.

Under the Rhode Island Uniform Premarital Agreement Act, a spouse claiming a premarital agreement is invalid must show that the agreement was not executed voluntarily and that the agreement was unconscionable at the time it was made. This is notable because many other states that use the Uniform Premarital Agreement Act allow for a premarital agreement to be declared invalid if it was entered into involuntarily or if it was unconscionable at formation.

In addition, the party seeking to set aside a Rhode Island premarital agreement must show that, before the agreement was entered into:

• they were not provided a fair or reasonable disclosure of the other party’s assets and financial obligations;
• they did not waive the right to such disclosure; and
• did not have actual or constructive knowledge of the other party’s assets or financial obligations

To be sure, it is not a simple task to establish that a Rhode Island premarital agreement is invalid. However, it is also important to note that prenuptial agreements cannot cover certain topics, such as an agreement to have or not to have children. Similarly, premarital agreements cannot include terms regarding the custody of children or the payment of child support.

Are You Considering a Rhode Island Premarital Agreement?

If you are about to be married and are considering a Rhode Island premarital agreement, or if you are in the process of divorce and are concerned about the enforcement of a prenuptial agreement, contact the dedicated Rhode Island family law attorneys at the law firm of Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients who are dealing with all types of family law issues including the drafting and enforcement of Rhode Island prenuptial agreements. To learn more, and to schedule a free consultation with an attorney today, call 401-300-4055.

See Related Posts: What Is an Easement in Rhode Island Real Estate Law?, Rhode Island Divorce Lawyer Blog, February 13, 2019.

Can a Rhode Island Marriage Be Annulled or Declared Void?, Rhode Island Divorce Lawyer Blog, March 4, 2019.

What Is a Prenuptial Agreement?

A prenuptial agreement, also called a premarital agreement, is a contract that is entered into in anticipation of marriage. Under Rhode Island’s Uniform Premarital Agreement Act, a premarital agreement can cover a broad range of issues, including:

• The rights of the parties to use property;
• The disposition of property upon separation or divorce;
• The modification or elimination of spousal support;
• Ownership of either parties’ life insurance benefits; and
• The choice of law governing the divorce proceeding.

Importantly, the factors listed in the Uniform Premarital Agreement Act are non-exhaustive, meaning that a party can include terms covering any matter that is not against public policy or in violation of a criminal statute.

Of course, not all premarital agreements will be enforceable. First, agreements that were not voluntarily entered into by both parties will not be enforced. Similarly, agreements that are determined to be unconscionable may not be enforced. An unconscionable agreement is one that unreasonably favors one party to the other party’s detriment.

In some situations, the bulk of a premarital agreement may be enforceable, but certain terms may be modified or removed by a court. For example, if an agreement purports to waive spousal support, but in doing so the spouse that would have received such support will the qualify for public assistance, the court may order that spouse receive support so that they will no longer require public assistance.

When it comes to issues of child support or child custody, courts are not bound to the terms of a marital agreement. This is because matters involving children implicate public policy concerns which, as noted above, cannot be included in a Rhode Island premarital agreement.

Are You About to Get Married?

If you are engaged and going to get married, you should consider contacting the dedicated Rhode Island family law attorneys to discuss drafting a premarital agreement. The dedicated family law attorneys at Bilodeau Capalbo have extensive experience handling Rhode Island divorce cases, and have a keen understanding of the issues that tend to cause problems in a marriage. With our help, you can get out in front of these problematic issues and rest assured that, should your marriage end in separation or divorce, both parties will be adequately protected. To learn more, and to schedule a free consultation with an experienced Rhode Island premarital agreement attorney, call 401-300-4055 today.

See Related Posts: The Importance of Understanding a Rhode Island Auto Insurance Policy, Rhode Island Divorce Lawyer Blog, January 21, 2019.

How Do Courts Divide Assets in a Rhode Island Divorce?, Rhode Island Divorce Lawyer Blog, January 29, 2019.

Typically, an equitable distribution framework consists of three parts. First, a court must determine which assets are considered marital property. Importantly, nonmarital assets are subject to equitable distribution. However, the determination of whether something is a marital or nonmarital asset is not always straightforward.

Marital Versus Nonmarital Property

Generally speaking, most assets acquired during a marriage are marital property. However, inheritance, gifts, and proceeds from lawsuits are not typically considered marital property even if they are received during the marriage. Thus, in a recent Rhode Island divorce case the court determined that a car that was purchased during the marriage with funds that Wife was gifted by her parents before the marriage was not marital property subject to equitable distribution. The court also determined that a subsequent gift from Wife’s parents to Wife was considered nonmarital property although it was deposited in the couple’s joint bank account.

Rhode Island Equitable Distribution Factors

Once the court has determined which assets are marital property, the court must then consider the factors outlined in Rhode Island General Laws section 15-5-16.1. There are eleven enumerated factors, including the length of the marriage, the parties’ conduct during the marriage, the health and age of the parties, the occupation and employability of the parties, as well as either party’s wasteful dissipation of marital assets. Additionally, there is a “catch-all” provision, allowing a court to consider “any factor which the court shall expressly find to be just and proper.” Thus, a court presiding over a Rhode Island divorce can consider a wide range of factors when conducting an equitable distribution analysis.

Only after the court considers each of the applicable factors in section 15-5-16.1 will the court divide the couple’s assets. Once a court makes its determination, that decision will remain final unless it can be shown that the judge failed to consider a one or more of the factors contained in section 15-5-16.1.

Are You in the Process of a Rhode Island Divorce?

If you are in the process of filing for a Rhode Island divorce, or are contemplating a separation, contact the dedicated Rhode Island divorce attorneys at Bilodeau Capalbo. At Bilodeau Capalbo, we represent individuals in a wide range of Rhode Island family law matters, including divorces, child custody modification hearings, and spousal support matters. We provide a unique form of client-centered representation that always puts the interests of our clients up front, where they belong. To learn more about how we can help you through the situation you are currently going through, call 401-300-4055 to schedule a free consultation today.

See Related Posts: The Importance of Understanding a Rhode Island Auto Insurance Policy, Rhode Island Divorce Lawyer Blog, January 21, 2019.

Rhode Island Intestate Laws and the Importance of Drafting a Will, Rhode Island Divorce Lawyer Blog, December 28, 2018.

Rhode Island is an equitable distribution state. Thus, courts employ a three-step approach when dividing marital assets. First, the court will determine which of the couple’s assets should be considered marital property subject to equitable distribution and which assets are an individual spouse’s separate property. As a general rule, marital property consists of the assets that were acquired during the marriage. However, certain exceptions exist. For example, inheritance and gifts from third parties are not considered marital property, even if they are assigned or received during the marriage.

Once a court determines which assets are marital property, the court will then consider a list of factors to determine how to divide those assets. These factors are set out in Rhode Island General Laws § 15-5-16.1, and include:

• the length of the marriage;
• the financial contributions of both parties;
• the contributions of either party as a “homemaker”;
• the income of the parties;
• whether either party engaged in the “wasteful dissipation” of marital assets, transferred assets, or took on additional debt in contemplation of divorce;
• the “occupation and employability” of each of the parties;
• the health and age of the parties; and
• any other factor the court considers to be “fair and proper.”

After the court has considered each of the following, the court will then formally divide the assets. The division of assets must occur before the court determines whether either spouse will be awarded alimony, because the court’s decision regarding the couple’s assets will almost certainly affect the needs of each party moving forward.

Once a court determines how a couple’s assets should be divided, that decision is final and cannot be reviewed by another judge of concurrent jurisdiction. This is even the case if the financial situation of one of the spouses significantly changes after the court’s order. Thus, a party who believes that the court was wrong in how it distributed marital assets must appeal the judge’s decision to a higher court. A judge’s decision regarding the equitable distribution of marital assets will only be reversed on appeal if the spouse who filed the appeal can show that the court abused its discretion. While this is a high standard, it can be met under certain circumstances.

Are You Going Through a Rhode Island Divorce?

If you are currently going through a Rhode Island divorce, or are considering filing for divorce, the sooner you contact an attorney the better. Certain steps can – and should – be taken to ensure that your rights are protected, even if you believe the separation to be an amicable one. At the Rhode Island family law firm of Bilodeau Capalbo, we have over 35 years of collective experience assisting clients with all types of family law issues, including divorce, child custody issues, and estate planning. To learn more, call 401-300-4055 to schedule a consultation with a dedicated Rhode Island divorce lawyer today.

See Related Posts: Rhode Island Supreme Court Case Looks at Hidden Assets During Divorce, Rhode Island Divorce Lawyer Blog, September 28, 2018.

Rhode Island Supreme Court Upholds Post-Employment Compensation Split in Divorce, Rhode Island Divorce Lawyer Blog, August 29, 2018.

However, a couple of months after the magistrate issued their decision, the wife filed a motion to allow further evidence to alter or amend judgement. In this motion, the plaintiff argued that there was newly discovered evidence that showed her ex-husband had concealed financial information during the divorce proceedings. The magistrate dismissed all of the issues except for one. The remaining issue involved the defendant’s failure to disclose at trial that he had sold a specific piece of property referred to as the Tourtellot property.

The defendant had purchased the Tourtellot property before the marriage using his own separate funds. However, during the marriage the plaintiff had helped to improve the property, which increased the value. Therefore, the magistrate found that the failure of the defendant to disclose during the trial that the property was sold affected the rights of his ex-wife. The magistrate then compensated the plaintiff by awarding her 60% of the difference between the purchase price and the sale price of the property. He also ordered her ex-husband to pay this amount in one lump sum.

On appeal the trial justice narrowed all of the issues down to four: whether the profit from the sale was marital property, whether ordering the lump-sum payment was error, whether the magistrate should have ordered the plaintiff to turn over specific property, and whether the magistrate should have found the defendant in contempt. The trial judge affirmed all of the decisions of the magistrate, but they amended the decision to correct a math error.

The plaintiff once again appealed this decision, pro se, this time to the Rhode Island Supreme Court which resulted in the instant case. The Supreme Court held that none of the issues were properly before the court and thus they refused to rule on them leaving the findings of the family court undisturbed.

Penalties for Hiding Assets During Divorce

If one party hides assets during a divorce, there are a number of penalties they could potentially face. These penalties include a party being held in contempt of court. The court may also require the spouse that hid assets to pay the other spouse the amounts in question, as happened here. While this case does not make it clear, it appears that the court granted the wife 60% instead of the standard 50% because the husband attempted to hide the assets. Along the same lines, the court may also order one spouse to pay additional spousal support or to turn over additional assets.

Contact One of Our Experienced Rhode Island Divorce Attorneys Today!

As this case shows, it is crucial that any issues are properly brought before the court. Otherwise they may refuse to hear them. That is part of the reason why it is so important to work with knowledgeable Rhode Island divorce attorneys like the attorneys at Bilodeau Capalbo, LLC. Contact them today by using the form on this website or calling us at (401) 300-4055.

See Related Posts: Rhode Island Supreme Court Upholds Post-Employment Compensation Split in Divorce Rhode Island Declines to Recognize Couple’s Relationship as Common-Law Marriage

Post-Employment Compensation

In the vast majority of cases, future earnings are not considered marital property and are thus not subject to division. However, this does not count compensation that was earned during the marriage which will be paid later. For example, if one spouse participates in a 401k employer match program, the money put into the account by both the employer and the spouse (including the interest that is earned) will usually be subject to division. However, any contributions by either the employee or employer (as well as the interest from those contributions) after the marriage ends will typically be the sole property of the employee spouse.

In this case, the husband worked for Wells Fargo when he started having problems at work. He was terminated around the same time that the divorce process was going on. As part of the termination agreement with Wells Fargo, the company ended up paying the husband $218,000. The settlement with Wells Fargo also included a one year nonsolicitation agreement. Not too long after this settlement, he started a new job with Equisales.

The dispute between the ex-spouses was as to whether the money from Wells Fargo was considered future compensation or was essentially “earned” through his employment with the company. In other words, the court focused on whether the money was his payment for agreeing not to compete for a year, or whether it was money that he earned during his employment. The answer to this question would determine if the Wells Fargo money was marital or separate property and whether his ex-spouse would be entitled to half.

Rhode Island Supreme Court Decision

Here, the Rhode Island Supreme court upheld the determination of the family court that the money was essentially “earned” during the marriage and was thus marital property subject to equitable distribution. The court’s reasoning relied on the fact that the husband was an at-will employee and thus was not entitled to severance pay, as there was no contract requiring it. Further, the appeals court was reluctant to disturb the trial court’s findings that the husband was not a credible witness.

Hire an Experienced Rhode Island Divorce Attorney to Represent You

If you are thinking about divorce and are curious about how your assets and accounts may be divided, you should talk to a knowledgeable Rhode Island divorce attorney. The attorneys at Bilodeau Capalbo, LLC can look at the specific circumstances of your case and advise you on the likely effects that a divorce will have on your financial picture. Email us using the form on this website or call (401) 300-4055 to set up your free consultation today.

See Related Posts: Rhode Island Declines to Recognize Couple’s Relationship as Common-Law Marriage Appellate Court Holds Ex-Wife Entitled to IRA Account in Decision Precedential in Rhode Island

Lower Court Ruling

The lower court had held that the couple was in a common-law marriage. They based their reasoning on the fact that the couple had been together for 23 years and had frequently told others that they were married. The court heard evidence that the couple would sometimes wear wedding rings, and they raised a child together. The man in the couple referred to the child as his son, even though they were not biologically related. In 1991, the couple became formally engaged but never had a wedding ceremony. The judge held that there was “clear and convincing proof” of the couple having a mutual and present intent to be married.

Supreme Court Ruling

When we addressed this case before, it was unclear how the Rhode Island Supreme Court would decide. The Rhode Island Supreme Court ended up overturning the lower court’s finding of a common-law marriage. In order to uphold the lower court’s decision, the Rhode Island Supreme Court would need to find that the lower court judge was correct to find that the evidence was clear and convincing. Instead, the court held that the couple would hold themselves out as married only sometimes, generally when there was a financial or other benefit to being legally wed. Other times, they would acknowledge that they were not married. Thus, the Rhode Island Supreme Court held that there was not clear and consistent proof of the mutual and present intent to be married.

One of the judges dissented from the decision. His reasoning was that the lower court judge had the benefit of an in-person credibility determination, so her findings of fact and credibility should stand. Thus, he agreed with the lower court judge that the proponent of the common-law marriage was more credible in her testimony, and the court should have found the couple to be married.

Common-Law Marriage

There are only about a dozen states that still recognize common-law marriage, but Rhode Island is one of them. This case highlights the importance of caution when declaring yourselves to be married or not. If the relationship was found to be a common-law marriage, the parties would generally be entitled to share the assets that either of them acquired during the marriage.

Hire a Rhode Island Divorce Attorney to Help You!

If you are considering a divorce or are concerned about whether your relationship will be considered a common-law marriage by the court, you should contact a knowledgeable divorce attorney as soon as possible. The laws around common-law marriage can be confusing, and it’s important that you are aware of your rights and responsibilities. The attorneys at Bilodeau Capalbo, LLC, can help you with the legal implications of your separation or divorce. Call (401) 300-4055 or use the form on this website to contact us today for a free consultation!

See Related Posts: Rhode Island Supreme Court Hears Common-Law Marriage Case In Rhode Island, A Separation Agreement Not Merged Into A Divorce Judgment Retains The Characteristics Of A Contract

Facts of the Case

This case revolves around an Individual Retirement Account (“IRA”), which is a type of investment account intended to help finance retirement. A man was married and opened an IRA account through his employer. At that time he named his wife as the beneficiary of the account in the event of his death. A couple of years after the account was created he got divorced. However, he never removed his now ex-wife as the beneficiary of the IRA.

A few years later he transferred most of the assets in the IRA to another account. However, some of the assets in the original account were not transferable. Instead of liquidating them so he could transfer them, he instructed his broker to keep the nontransferable assets in the original IRA. After making this change, the financial statements sent by the managers of the original IRA still had the same account number as always. However, instead of listing his now ex-wife as the primary beneficiary as before, the statements said that the beneficiary designation was “not provided.”

Approximately a year later the man died. At issue is who the assets in the original IRA should go to. His ex-wife believed they should go to her as at his death she was still technically listed as the beneficiary. The distributee of his estate argued that the IRA assets should go to her. She argued that at the time of transfer essentially a new account was created and thus it should be considered part of the estate.

Divorce and Benefits

The court here found for the ex-wife and held that the original account was never terminated, nor was she removed as the beneficiary. Thus she remained the beneficiary at the time of her ex-husband’s death. This is true even though in the divorce agreement it stated that each party was solely entitled to the assets in the investment accounts in their own names.

This case underscores the importance of making sure that after a divorce you update your beneficiary declarations. Some divorce agreements may require one or both parties to keep the other as beneficiaries of accounts. They also may require that one or both parties keep current life insurance policies with the other spouse entitled to benefits. It is important to fully understand all the implications of your divorce agreement and to make sure that you update all of your accounts in accordance with your wishes.

Contact an Experienced Rhode Island Divorce Attorney Today

Divorce can affect many aspects of your life and finances. The knowledgeable Rhode Island divorce attorneys at Bilodeau Capalbo, LLC, can help you to make sure that all of your accounts are consistent with your divorce agreement and desires. Call (401) 300-4055 or use the form on this web site to contact us today for a free consultation!

See Related Posts: Rhode Island Supreme Court Rules Bank Account is Marital Property U.S. Supreme Court Clarifies Property Rights in Military Divorce

Pets in Divorce

Many of us consider our pets part of our family. Rhode Island (and other state courts) take a different approach, however. The current law considers pets as property, not much different than a car or painting. Occasionally, judges presiding over a divorce will look at who is more bonded to the pet and more capable of taking care of it to decide who should keep the pet. While judges have the discretion to take this approach, in many cases the judge will use a traditional property analysis to determine who gets to keep the pet.

So what will the court look at under current law? The first step with any property is to determine whether it is marital property or separate property. If one party owned the pet before the marriage, then the pet will most likely be awarded to that party. (However, a skilled Rhode Island divorce attorney may be able to argue otherwise, depending on your own personal circumstances.) If the pet was acquired during the marriage, then the court is likely to place a monetary value on the pet. Then, the party who ends up not keeping the pet would be granted an amount of property that is of similar value to the pet so that there is an equitable distribution. For example, if a dog is found to be worth $2,000, then the party who keeps the dog will likely have to give up $2,000 worth of other property to make the distribution equal.

Best Interests of the Pet

In 2017, Rhode Island State Representative Charlene Lima introduced a bill that would allow courts to consider the “best interests of the pet” during a divorce. The judge in the case would have a lot of discretion to decide who the best owner would be. Presumably, the judge would look at things like who has the best residence for a dog, who will have the kids, and who can provide the best care. The bill has stalled in committee, but it may be on the legislative agenda for next year.

Alternatives

Under current Rhode Island law a pet is property and the judge won’t usually award any kind of visitation, as it would be akin to ordering visitation of a TV or car in the eyes of the law. That doesn’t mean that the parties can’t agree to visitation or other split custody arrangements. A court may not necessarily enforce the agreement, however.

Contact an Experienced Rhode Island Divorce Attorney Today!

If you are thinking about getting a divorce, you may have questions about how your property will be divided up. The experienced attorneys at Bilodeau Capalbo, LLC, can help to answer your questions about divorce and advocate for you in court. Call us today at (401) 300-4055 or use the contact form on this website for your free consultation.

See Related Posts: Rhode Island Supreme Court Rules Bank Account is Marital Property U.S. Supreme Court Clarifies Property Rights in Military Divorces

As this case illuminates, the determination of what is considered marital property and is thus subject to division and what is separate property is very fact specific. That’s part of why it is so crucial to work with an experienced Rhode Island divorce attorney if you are going through a divorce.

Rhode Island Divorce Law

Before the specifics of this particular case can make sense, you first need to understand some of the underlying divorce law in Rhode Island regarding property division. The law in Rhode Island is that when a couple divorces, the marital property is split equitably no matter who earned the money initially. Equitably does not always mean equally, but it usually does. That means that, absent an agreement to the contrary like a prenuptial agreement, almost all of the property that either party acquires during the marriage is considered “marital property” and will be split by the couple upon divorce.

However, there are some circumstances where the property is separate property and the individual who has it gets to keep it without splitting it during the divorce. If one spouse receives a gift meant for only them from a third party or an inheritance then it is separate property, and they alone can keep it during the divorce. That said, property that was at one time separate property can become marital property if the owner of the property “transmutes” the separate property into marital property by treating it like such. For example, if one spouse gets an inheritance and puts it into a joint bank account that is used for household expenses, the inheritance is likely now marital property. Conversely, if the spouse takes the inheritance money and puts it in a separate bank account with their name alone on it and only uses it for their own expenses, it would likely stay separate property.

In this case, the lower court erred by treating the wife’s bank account like separate property even though it was marital property. Though the bank account was only in her name and she only used it for personal expenses, the money came from her employment during the marriage, which means that it was always marital property. Therefore, the husband was entitled to half of the money in the account because transmutation only turns separate property into marital property and not the other way around.

Contact an Experienced Rhode Island Divorce Attorney Today

If you are considering a divorce, you should contact a caring divorce attorney as soon as possible. As explained above, parties will sometimes unknowingly transmute separate property into marital property and therefore subject the property to division. Understanding the legally complicated rules of property division during a marriage and divorce can help to give you a leg up in the divorce proceedings and help you plan during the marriage. The knowledgeable attorneys at Bilodeau Capalbo, LLC, can help you get (and keep) what you are entitled to. Call (401) 300-4055 or use the form on this web site to contact us today for a free consultation.

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DO Go Through Records to Verify Assets

Did you buy your treasured collector car before you got married? Was that large collection of vintage jewelry inherited from your grandmother? If so, these possessions are likely protected from the property division process, but you must be able to prove they are individually-held if your spouse challenges this claim. Go through your records, including old receipts, photos, and more to find any evidence that supports your claim.

DON’T Get Too Attached to Luxury Goods

Do you have a vacation house on Maui or a yacht parked in South Beach, Florida? While these luxury goods are nice to have, odds are they were made possible by two incomes, which means it’ll be extremely difficult to keep them with just one. Even if you do manage to prevent them from being sold as part of your divorce, odds are you’re not going to enjoy paying the insurance, upkeep, or taxes on these items when they’re solely your responsibility.

DO Look Out for Cheaters

We don’t mean infidelity during the relationship, mind you. We mean keep your eyes open for nefarious actions by your spouse. Some people try to hide assets by making them magically disappear before the property is divided. Documentation should be able to prove something of immense value was stolen, including police reports. Otherwise, evidence can show if something still exists and has been unscrupulously hidden. Conversely, don’t try to hide assets; odds are they will be found and this practice is not looked upon kindly by family law judges.

DON’T Pass Up Something Just Because You Don’t Want It

Property division involves equitably dividing marital assets between both spouses. However, that doesn’t mean you shouldn’t take something that you don’t want. If he’s willing to part ways with his Harley Davison motorcycle that you hate or she is willing to give up her extensive rare wine collection to protect something else they truly want, you can always gain the proceeds from selling these items off, which can be a substantial boost to your final total.

DO Keep Track of Expenses

Attorney fees can be costly, particularly in a high-asset divorce. Your own attorney fees will be part of the final total when a divorce is settled, so be sure you get regular updates of your legal fees and submit them along with your other outstanding debts. Odds are you could be able to get them covered as a result of the property division process.

DON’T Assume You Can Avoid Alimony Payments

If you are the primary income earner in a family, even a high-asset family where money and living expenses have never been an issue, you could be required to pay alimony. Spousal support is designed to help the lesser-earning spouse maintain their standard of living during the marriage once the divorce is finalized, so don’t assume accepting less property will get you off the hook from this responsibility.

Finally, perhaps most importantly, don’t attempt to undergo the property division process without the assistance of a Rhode Island divorce lawyer. Bilodeau Capalbo, LLC can provide you with more than 35 years of experience and a keen attention to detail in order to give you the best possible chance at an ideal outcome to your case. We always make sure to handle whatever family law issue you face with the utmost professionalism, and we always respond quickly to calls keep your best interests at the forefront of all our legal decisions. Get a free consultation for your high-asset divorce case by calling Bilodeau Capalbo, LLC at 401-300-4055 today!