Rhode Island is a “no fault state.” Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce?

No. A no-fault divorce simply means that fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other words, to obtain a divorce in Rhode Island, all the parties have to prove is irreconcilable differences that led to the breakdown of the marriage. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, falling out of love, or actually, anything. In other words, if either party wants to terminate the marriage, then that party can get a divorce in Rhode Island as long as the other jurisdictional requirements are met. However, even if a divorce is a no-fault divorce, it does not necessarily mean that it will be an uncontested divorce.

“No-fault divorce” does not mean that fault is not significant, and the parties are free to allege various fault grounds as a cause of the break-up of the marriage. Fault can be extremely significant in Rhode Island, as it can play a very important role in how the court equitably divides the assets and debts of the parties. After the family court has determined which assets are, in fact, marital assets, then the court will look at various factors to determine the equitable division of those assets. If a party can prove that the other party is at fault for the break-up of the marriage, that party may seek a disproportionate share of the marital assets. Fault may also be a small factor in determining whether or not a party is entitled to alimony.

There are many types of behavior that could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, criminal history, incarceration, extramarital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc.

According to the Rhode Island General Laws, the court may consider the following factors, among others, in determining equitable assignment of the property:

(a) The length of the marriage;

(b) The conduct of the parties during the marriage;

(c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;

(d) The contribution and services of either party as a homemaker;

(e) The health and age of the parties;

(f) The amount and sources of income of each of the parties;

(g) The occupation and employability of each of the parties;

(h) The opportunity of each party for future acquisition of capital assets and income.

- Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws)

The statute specifically states that the court can consider any factor which the court expressly finds to be just and proper.

Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the Rhode Island Family Court will examine in granting a husband or wife a disproportionate share of the marital assets is whether one party had an affair, was emotionally or physically abusive, or had substantial drug and alcohol problems. The court will also look at other negative conduct in awarding a disproportionate share.

It is not uncommon for a judge to award a 60/40 or 55/45 distribution of marital assets in a divorce if the court finds that one party had an extramarital affair and finds that the affair led to the breakdown of the marriage.