A Rhode Island postnuptial agreement is a legal contract between individuals who are already married that outlines how they will disperse their property if their union ends in death or divorce. It can be wise for spouses to create a postnuptial agreement because, like a prenuptial agreement, it helps individuals strategize their estates.
These documents also take priority over the state’s default procedures for property distribution. Please note that Rhode Island state law is ambiguous regarding postnups. It’s best to hire an experienced attorney to guide you through creating your document. If you draft it yourself, you must familiarize yourself with case law and laws surrounding prenups that apply to postnups.
Legal Considerations
Title 15 of the Rhode Island General Laws, in addition to some case law, commands elements of domestic and marital relations, including postnups.
- Signing Requirements: Both spouses must sign the agreement and have their signatures properly witnessed (Marsocci v. Marsocci, 911 A.2d 690 (R.I. 2006)).
- Dividing Property: Equitable distribution (§ 15-5-16.1).
Asset and Property Rights
Wife’s Separate Property
- Any real estate or personal estate a woman has before marriage, property that becomes a woman’s after marriage, or property she acquires by her own industry will remain her property free from her husband’s control. [1]
Capacity to Contract
- A married woman can enter into a contract in the same manner as an unmarried, single woman. Both individuals will have the same liabilities and rights. [2]
Business and Earnings
- A married woman can sell and transfer or directly take from any person (including her husband) any estate or interest in real or personal property as if she were unmarried and single. [3]
- A married woman can partake in any business or trade as if she were unmarried and single. Her husband won’t be liable for her torts, contracts, or debts from that business or trade. [4]
Marriage and Divorce
Separation Agreement
- A husband and wife can enter into a separation agreement and request the court award a “divorce from bed and board.” [5]
Spousal Support
- The court must consider factors like the marriage’s length, the parties’ conduct during the marriage, and each party’s condition and liabilities when determining if any party must pay alimony to the other. [6]
Marriage Solemnized Out of State
- If a husband and wife live in Rhode Island and have a legal union other than a marriage that provides the same responsibilities, benefits, and rights as a marriage and the union was validity entered into in another jurisdiction, the couple shall have the same rights, benefits, and responsibilities as a valid marriage in the state. [7]
Estate Planning and Inheritance
Inheritance Rights
- If you pass away without children, your spouse can ask the probate court to receive up to $150,000 of your intestate real estate. If they don’t petition the court, they receive a life estate, meaning they can use your real estate for life but not give it away or sell it. Your spouse also receives $50,000 of your personal property and half of the balance. [8]
- If you pass away with children, your spouse can use your intestate real estate indefinitely. They will also inherit half of your intestate personal property.
