EDUCATION
COMPENSASTION
Compensation for educational expenses in a divorce in Rhode Island.
Shouldn't I be compensated for helping put my spouse through medical school? Now he has a professional license and a successful career and I earn very little.
The degree, the license, and the professional practice are perfect examples of intangible assets without a specific dollar value. Knowing your legal rights may inform you about possible trade-offs when you are negotiating a divorce settlement, but how to proceed may still be far from clear.
Degrees not seen as a marital asset for property distribution purposes may still value one or both of them as a consideration for some form of alimony or, if you paid for tuition, for reimbursement.
There are many ways you can negotiate this issue in mediation. In one mediation, Kerry met with a doctor who had a five-year old medical practice, and his wife who had been working as his office assistant. While her husband attended medical school, the wife had been the sole breadwinner. She had only completed two years of college at the time of their marriage, and they decided it would be more valuable to the marriage for her to work and her husband to obtain his medical degree.
Since the husband had been in practice for some time, Kerry arranged for an expert to value the practice and, based on a percentage of the value of the practice, they agreed that the doctor would pay for his wife’s living expenses and tuition while she returned to school to complete her degree and prepare herself to be self-supporting. Since the husband’s potential earning capacity would continue to be significantly higher, they agreed to share their other assets such as the house, bank accounts, and retirement savings, with the wife getting 55 percent and the husband getting 45 percent.
This is an example of a mediated solution. The wife made an informed choice. She knew that if she allowed a judge to make these decisions, she might receive reimbursement, alimony, a portion of future earnings, or nothing for her sacrifice. She knew the value of the professional practice, and she decided that what was most important to her was to increase her own income. Rather than relying on an estimate of what her husband might or might not earn in the future, she negotiated a settlement giving her what she wanted: financial independence.
Providence family law attorney
Kerry I. Rafanelli
Contact Us
Kerry Rafanelli,
Attorney At Law
OUR ADDRESS:
Kerry I Rafanelli, Attorney at Law
670 Main Street, Suite C-4
East Greenwich, RI 02818
PHONE NO.
401-398-8388
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401-398-8399
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all questions
Frequently
Asked Questions
Consult an experienced Rhode Island divorce attorney for answers to your questions. Call Kerry I. Rafanelli, Attorney at Law, at 401-398-8388 or contact us online to schedule your consultation at our East Greenwich law office.
Should I retain a lawyer if my fiancé's attorney has already drawn up a prenuptial agreement?
Both parties to a prenuptial agreement should be represented so that you can feel confident that the contract is fair to you.
Am I considered the parent once my adoption of a child is finalized?
At the completion of your adoption, you acquire all the rights and responsibilities of a parent–including making important childrearing decisions and providing your child with financial support. Your child gains all the rights as your natural children would have involving inheritance, immigration, government benefits and healthcare coverage.
Am I entitled to visitation rights as soon as I affirm my paternity of my child?
In most cases, you are entitled to visitation with your child, but you must file a petition with the court requesting visitation.
Am I entitled to child support as soon as the father's paternity is positively affirmed?
You are entitled to financial support from the father, but you must file a petition with the court requesting child support. You may be entitled to support from previous years as well.
What is the difference between guardianship and adoption?
Adoptive parents acquire all the rights of natural parents. Guardians have legal and physical custody, but are not considered the parents of the child and must periodically appear before the court to give updates on the child’s status. In some cases, the birth parents may retain their parental rights.
Is my former spouse permitted to move my child to another state?
A custodial parent must petition the court to relocate with your child to another state. You can object to the move and present evidence at a court hearing.
What does the court consider in relocation cases?
The court considers what is in the best interest of your child — including financial advantages of the move, educational opportunities, the existence of extended family in both locations, the nature of the child’s relationship with each parent, and the logistics of visitation with the noncustodial parent.
How can I learn more about family law?
Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your no-obligation, free consultation and get the answers to all of your family law questions.