Wentworth Divorce Mediation and Planning

Rhode Island is a “No-Fault” state  

Rhode Island is a quirky state, but like most others the courts don’t care who is at fault for the end of your marriage. Even though there are still grounds for divorce that include adultery, abandonment, impotence, and others, almost all cases enter the courts with “irreconcilable differences” being their reason for divorce. 

Gone are the days of divorce trials where asset awards were based primarily on who cheated on whom. Today, the focus is mainly on dividing property fairly between spouses, and ensuring children's needs are met. 

That does not mean behavior of the parties does not matter….it clearly can…and is listed in the statutes as one of the considerations a judge might use to make property settlements, custody decisions, and even alimony decisions. Physical or emotional abuse, financial mismanagement, alcoholism, criminal activity, abandonment, and other behaviors can always come into play in a judges decision.

In a mediated agreement the parties work through any concerns about fault, and focus on the practical issues at hand; dividing assets, setting up parenting plans, and moving on with their lives.

Rhode Island Property Division Laws

Rhode Island is also an “equitable distribution” state meaning all of the assets acquired during the marriage are subject to split between the parties in a way that is “fair and equitable” regardless of who purchased them. 

In general, assets owned before the marriage and inheritances are not included and are considered “separate property”. But there are exceptions based on what a judge would consider fair to both parties. Dramatic differences in lifestyle after the divorce, or a financial situation which would affect the children’s welfare are two examples where a judge might have separate assets divided. It is essential that any assets that are thought to be “separate property” be documentable as of the date of marriage and ideally not comingled with joint assets.

How this split is determined is based on specific factors  in the Rhode Island Statutes (see the link below). The most important thing to know is that there is no formula or hard rule on how assets are divided, as long as in the end, it is considered “fair”.

In mediation we discuss every asset and come up with a property division that takes into consideration future lifestyle, cash flow, and the ability of each party to achieve financial security. We strive for balance and have our clients consult with an attorney on any aspects that may not be approved by the court.

Go to the equitable distributions statutes by clicking here

Rhode Island Child Support Laws

Child support in Rhode Island and most other states has as its core belief that children should receive the same amount of financial support as if the parties were still married,

Children’s needs come before the parent’s and how much is paid is based on the financial data provided to the court.  The more children you have, the larger the difference between spousal incomes, and the higher the income of the paying spouse the more child support will be paid.  The obligation to pay child support typically end when a child turns 18 or graduates high school, whichever is later, but in no event beyond age 19. 

One quirk, and some would say weakness, of the calculation is that the co-parenting plan is not directly considered. Another is that living expenses are completely ignored…the formula is the formula. In mediation we manage through this by having a broader discussion of expense sharing and work towards arrangements which reflect the financial realities of the family.

Child support is modifiable based on a “substantial change in circumstances” which for most people relates to changes in the relative and absolute incomes of the parents. So a loss of a job or large promotion might be grounds for modification. But it can also include changes in the cost of health insurance premiums or living arrangements.

Go to the Rhode Island Child Support Guidelines and Worksheet by Clicking Here

Rhode Island Alimony Laws

Rhode Island has a reputation for being very stingy with alimony awards, unlike Massachusetts which has statutes that calculate alimony based on the difference in spousal incomes, and the duration of the marriage. While child support is determined by a mathematical formula, spousal support is largely up for the couple to decide what is fair and necessary.

Facts to know about alimony

• In Rhode Island spousal support is considered temporary, not permanent. It is designed to allow the receiving spouse to have supplemental income while they get the education, training, or time needed to become financially self sufficient.

• When judges get involved in alimony decisions they are required to consider ”the health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties" in making an alimony determination.” They also may look at the length of the marriage and the career sacrifices made by the receiving party to take care of children…and anything else they feel is relevant.

• The ability to pay and the receiving spouse’s income needs are also a crucial factor in determining the amount of alimony and whether or not alimony should be awarded. (In mediation we do the calculations of both of these items to help make an informed decision.)

• Alimony was at one point a tax deductible expense to the payor and taxable to the recipient. This is no longer the case and was changed when the 2018 Tax Cuts and Jobs Act went into effect.

Click Here to see The Rhode Island Alimony Statutes

Rhode Island Laws Regarding Custody and Visitation

It is important to know that the laws are designed to make sure the “best interests of the child” are the first and last consideration should the court get involved in these decisions. They will want to see in your parenting agreements provisions that formalize how the children will be cared for. That includes living arrangements. how decisions will be made, and the many small agreements relating to day-to-day parenting activitees.

The reality is that most parents want to be involved in their children’s lives and desire to set up a living arrangement that keeps them deeply involved in their children’s lives and welfare. Nevertheless custody needs to be explicitly addressed in your agreement; both legal and physical.

Legal Custody

Legal Custody relates to making important decisions concerning a child's health, welfare and upbringing , These major decisions include educational, religious, and general welfare, decisions. It also relates to complete access to medical, educational and other records.

Joint Legal Custody means both parents are involved in these decisions. in major decisions concerning a child’s upbringing, education, medical and religious welfare.

Physical Custody

Physical custody relates to where the child lives and spends their overnights, It can be “sole custody” with visitation by the non-custodial parent or shared custody. Shared custody is the most popular arrangement with parents who want to each have substantial time with each child.

A large part of mediation is working out the ideal living arrangement that supports the unique needs of the family. We discuss the best ways to divide time between households and work through logistics.

If Parent’s Can’t Agree

If parents can not come to an agreement on custody and living arrangements the RI Family court will determine what is in the "best interest of the child". There are eight considerations a judge will use to make their decisions including the wishes of the parents, stability of the home, and for older children their preference.

In many contested child custody cases, there may be outside professionals who will help the court understand what is best for the child’s welfare.

Click Here to See the Rhode Island Custody Laws