Divorce Is Emotional. Property Division Shouldn’t Add to the Stress.
Whether your divorce is amicable or contested, splitting up assets can quickly become complicated. Who gets the house? What about retirement accounts? Are gifts and inheritances shared?
In Rhode Island, property division follows the legal principle of equitable distribution—but that doesn’t mean everything is split 50/50. It means the court divides property in a way that’s fair, which may not always be equal.
At McCormick Law Offices, we help clients understand their rights and reach fair, informed agreements about property—so they can move forward with confidence.
How Property Is Divided in a Rhode Island Divorce
1. Marital vs. Separate Property
Before anything can be divided, the court distinguishes between:
- Marital Property: Assets acquired during the marriage, regardless of whose name is on the title or account.
- Separate Property: Assets owned before the marriage, inherited individually, or received as gifts (though there are exceptions).
Most homes, vehicles, retirement savings, and jointly titled property fall into the marital category.
2. Equitable Distribution, Not Equal
Rhode Island courts don’t automatically split property down the middle. Instead, they consider factors like:
- Length of the marriage
- Each spouse’s contribution (financial and non-financial)
- Economic circumstances at the time of division
- Future needs, including child custody
- Conduct during the marriage (if relevant)
One spouse might receive a larger share if they contributed more to the marital assets—or if they’ll have primary custody of the children.
3. Debts Are Also Divided
Just like assets, debts accumulated during the marriage (e.g., credit cards, loans, mortgages) are subject to division. Who is responsible for which debt depends on the same “equitable” factors above.
Common Property Division Issues in RI
- The Marital Home: If one spouse keeps the house, the other may receive other assets to offset value.
- Retirement Accounts: These are often split using a QDRO (Qualified Domestic Relations Order).
- Business Ownership: If a spouse owns a business, valuation and future ownership must be carefully negotiated.
- Hidden Assets: In contentious cases, forensic accounting may be needed to ensure transparency.
Our team works to uncover the full picture—and reach a resolution that protects your future.
Can You Avoid Court?
Yes. Many couples reach property agreements through negotiation or mediation, often with the help of a divorce attorney. This gives you more control over the outcome and can significantly reduce stress and cost.
If an agreement can’t be reached, the court will decide for you. Either way, having experienced legal counsel is essential.
Why Work With McCormick Law?
We’ve helped hundreds of Rhode Island clients navigate divorce—whether through amicable agreements or strong courtroom advocacy. We’re here to:
- Clarify what property is truly yours
- Negotiate fair settlements that support your long-term goals
- Protect your interests in court, if necessary
- Handle the legal complexities so you can focus on healing
Talk to a Rhode Island Divorce Lawyer Today
Property division doesn’t have to be a battle. Let McCormick Law Offices help you reach a fair outcome and move forward with peace of mind.
Check out the FAQ Page for more information.
Contact us to schedule your consultation today.
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McCormick Law Offices serves clients primarily in Rhode Island and Massachusetts. Legal services are provided in accordance with the applicable laws and ethical rules of these jurisdictions.
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