Q: Divorce and entitlement to book profits after marriage in RI.

A: Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:

• Length of the marriage (33 years here, a long-term marriage).

• Contributions of each spouse (financial and non-financial).

• Conduct during the marriage.

• Each party’s earning capacity, health, and needs.

Marital Property Definition: Property acquired during the marriage is presumed marital unless proven separate (e.g., via inheritance or pre-marriage ownership). Intellectual property, like your books, falls under this framework. Your books, as intellectual property (copyrights), are assets with current value (albeit low profits now) and potential future earnings. Rhode Island courts treat copyrights created during marriage as marital property subject to division

The books were written and published about six years ago, fully within the marriage. Timing alone makes them marital assets, even if you alone authored them. You state there were “no joint financial contributions,” implying you used your own funds or no significant funds (e.g., KDP has minimal upfront costs). Rhode Island law doesn’t require joint funding for property to be marital—either party’s effort during the marriage counts as a marital contribution.

Post-divorce earnings from pre-divorce works can still be marital if tied to the marital asset (the copyrights). Family Court may divide future royalties based on their marital origin. Consider hiring an expert to appraise the books’ worth — low current earnings could minimize his payout. You may also wish to consider keeping the books (and future profits) in exchange for him taking other marital property that is of similarly low present value.

Memorialize every detail of your agreement in a written Marital Settlement Agreement that covers all of your assets, including your books.

A: In Rhode Island divorce proceedings, property created during your marriage is typically considered marital property subject to equitable distribution, even without joint financial contributions. Rhode Island follows the principle that "all property and assets acquired by the parties during the marriage constitute marital property subject to equitable division by the Family Court," which would include your self-published books and their potential income.

When intellectual property is created during a marriage, courts generally award the actual intellectual property rights to the creator spouse while still recognizing the non-creator spouse's potential economic interest in the work. This means you would likely retain ownership and control of your books, but your husband may have a claim to a portion of past and future royalties or profits derived from these works. The court views marriage as an economic partnership, and contributions to the marriage extend beyond direct financial investments.

Rhode Island employs equitable distribution rather than community property principles, meaning marital assets are divided fairly but not necessarily equally. The court will consider multiple factors including the length of your marriage (33 years is substantial), each spouse's contributions to the marital estate, and future economic prospects. Given the books' limited profits thus far, the court might establish a percentage division of future royalties rather than attempting to value the intellectual property outright. To protect your interests, consulting with a Rhode Island attorney who has experience with intellectual property in divorce cases would be your most prudent next step.