Posted by Christopher E. Heberg
A divorce can be an extremely difficult period for Families. Often a basic lack of understand of the law and the procedure of your divorce case through the Court can heighten a person’s anxiety, As such, you should proceed with your divorce with at least a basic understanding of how the Court will apply the law to your case. For Rhode Island residents, here are two important areas of divorce law you should be aware of:
In compliance with the General Laws of Rhode Island, property is divided equitably. RI is not a community property state. While everyone starts out with at least 50% of the marital estate, this does not mean a judge will grant you exactly 50% of your assets. In order to determine the fair percentage of the assets you will be entitled to, a Judge must consider the following: the conduct of each spouse throughout the marriage, the length of the marriage, the age and physical health of each spouse, the vocational skill or employment capability of each spouse, the contribution of each spouse to the home, and the necessities of each party for capital.
A common misconception is that alimony is synonymous with child support payment. This is not the case: A former spouse can request alimony payment for a number of reasons, including rehabilitative alimony or alimony as reimbursement. However, the RI Supreme Court has been very clear that Alimony in RI should be granted only when a party is in need of rehabilitation. Generally, the amount of alimony a person receives is based directly upon the need of the recipient and the ability to pay of the payor. As the traditional precepts of marriage and gender roles fade away, an increasing number of former husbands are seeking and receiving alimony payments as results of divorce.
If you are considering divorce and have questions, please contact us to schedule a consultation.