The Rhode Island Divorce Coach Speaks: What's a Pre-Marital Asset in a Rhode Island Divorce?

In a Rhode Island Divorce "pre-marital" assets are determined by the judge assigned to your divorce case.

However, Rhode Island family court judges are guided by statutes and cases decided by our Rhode Island Supreme Court when determining which assets are "pre-marital."

Generally, pre-marital assets are outside the power of the Rhode Island Family Court to divide, distribute, or control in a Rhode Island divorce proceeding.

However, assets only fall outside the power of the Rhode Island Family Court after the judge assigned to your divorce determines that an asset is, in fact, a pre-marital asset. Until that time, an asset is part of your divorce and falls within the power of the court and the laws and orders regarding divorces.

A pre-marital asset is an asset owned by only one spouse prior to the marriage, and remains completely separate from the other spouse during the marriage. This includes, its ownership, its storage, its replacement, its repair, its enhancement, any insurance on the asset, and any other aspect of the marital relationship and/or income.

If during the marriage an asset was treated or preserved in any way, legally or practically, which indicates that it was owned by both spouses, then the asset's character may change from pre-marital to marital.

Keep in mind that any change in value of a "pre-marital asset" during the marriage may be treated as a marital asset. For example, Deborah buys a diamond ring at an estate sale while she is single. Deborah marries Francis. During Deborah's twenty-five (25) year marriage to Francis, the diamond ring appreciates in value by 30%. Even though the ring may be a pre-marital asset and typically not within the power of the Rhode Island Family Court Judge to divide and distribute, the 30% appreciation of the ring during the marriage may be considered a marital asset if the Judge determines it to be so because it occurred while Deborah and Francis were married.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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