The Rhode Island Family Court uses a method known as Equitable Distribution when a divorcing couple cannot come to an agreement about how to divide their material assets fairly. Factors within the formula include but are not limited to:
After family court determines what assets are marital, then the division of property of those assets would take place, at this time fault and other conditions could come into play.
The court has the right to consider any factor that is deemed just and proper to be taken into consideration in determining the distribution of assets. Many divorces end in a 50/50 division of marital assets, but the judge has the right to award a disproportionate amount to one party over the other. Some of those reasons could include but not be limited to mental or physical abuse, an affair, or a drug or alcohol problems.
Obtaining a skilled Family Law Attorney is critical to make sure the facts of your case are presented in such a way that your division of assets is in your favor. Moretti Perlow & Bonin has been representing divorcing parties in Rhode Island for decades, and brings a wealth of experience to your side of the case.