In Stanzler v. Stanzler and Allard v Allard the Rhode Island Supreme Court set forth the theory that underlies the Rhode Island Equitable Distribution Statute. The equitable division statute governs distribution of assets in a Rhode Island divorce.
Stanzler v. Stanzler:
“It is well established that the intent of property division is to provide a fair and just assignment of the marital assets, D’Agostino v. D’Agostino, 463 A.2d 200, 203 (R.I. 1983), on the basis of the joint contribution of the spouses to the marital enterprise. Wordell v. Wordell, 470 A.2d 665, 667 (R.I. 1984). Property division, however, does not require an equal division of the property, Casey v. Casey, 494 A.2d 80, 82-83 (R.I. 1985), and is subject to the concept that nonmonetary, as well as monetary, contributions may enhance the marital partnership. Wordell, 470 A.2d at 667. In dividing property, a trial justice must decide which assets are marital property, consider the contribution of each party, and then distribute the property. Lancellotti v. Lancellotti, 481 A.2d 7, 10 (R.I. 1984). Finally we note that a trial justice’s assignment of property will not be overturned unless it constitutes an abuse of discretion. Centazzo v. Centazzo, 509 A.2d 995, 997 (R.I. 1986).”
Allard v Allard:
“Our equitable-distribution statute requires us to examine the nature and the quality of the assets of the marital enterprise and each spouse’s contribution to that enterprise before a division of property equitable to both parties is made. Thompson, 642 A2d at 1162; Stevenson, 511 A.2d at 965 n. 4. The Family Court justice is vested with broad discretion to divide the marital property justly and fairly between the parties, and unless he or she misconceives material evidence or is otherwise clearly wrong, this court will not disturb his or her findings on appeal. Thompson, 642 A.2d at 1162; Stevenson, 511 A.2d at 964.”
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