Free Rhode Island Postnuptial Agreement Template

A Rhode Island postnuptial agreement is a written contract spouses sign during the marriage about property and support. Rhode Island’s property assignment statute gives the Family Court discretion based on listed factors, so it helps to know how those rules work.

The Court Weighs Listed Factors

At divorce, the court may assign either spouse a portion of the other’s estate, in addition to or instead of spousal support. It considers factors including the marriage’s length, each spouse’s conduct and contributions, homemaker services, health, age, income, and employability (R.I. Gen. Laws § 15-5-16.1(a)).

A Catch-All Factor

The last listed factor is any factor the court expressly finds to be just and proper (R.I. Gen. Laws § 15-5-16.1(a)(12)). None of the twelve factors specifically names an agreement between spouses.

Protected Property

The court may not assign property held by one spouse before the marriage. It also can’t assign property received by inheritance, or by gift from a third party, before, during, or after the marriage (R.I. Gen. Laws § 15-5-16.1(b)).

Income and Growth Can Be Assigned

However, the court may assign income derived from premarital property during the marriage. Under the same subsection, it may also assign appreciation in that property’s value if either spouse’s efforts during the marriage caused it.

The property factors don’t address it directly. None of them names agreements between spouses, though the court can consider any factor it expressly finds just and proper.

So a Rhode Island postnuptial agreement is worth drafting carefully and reviewing with a local attorney before you rely on it. Clear terms, full disclosure, and independent advice for each spouse all make its intent easier to show.

Take these steps for a Rhode Island postnuptial agreement:

1. Identify protected property. List premarital assets, inheritances, and third-party gifts.
2. Track income and growth. Note income from premarital property and any appreciation from either spouse’s efforts.
3. Set terms for marital assets. Describe how you’d like other property divided.
4. Share full financial information with each other.
5. Have a Rhode Island attorney review the draft.
6. Sign and date the agreement, then keep copies with your records.

Include these parts:

• Premarital property — each asset and its value at marriage
• Inheritances and gifts — received from third parties
• Income and appreciation — how you’ll treat growth on separate assets
• Division terms — for the rest of your property
• Signature page — both spouses sign and date