Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Rhode Island, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While adultery is considered a misdemeanor under Rhode Island law (Rhode Island General Laws Section 11-6-2), it is rarely prosecuted. In the context of divorce, Rhode Island is a 'no-fault' divorce state, meaning that the grounds for divorce do not need to include fault such as adultery. However, adultery can still have an impact on the proceedings. When it comes to the division of assets, Rhode Island follows the 'equitable distribution' model, which means the court divides marital property in a way that is fair but not necessarily equal. While adultery may not directly affect the division of assets, it could potentially influence the court's decisions regarding alimony or custody if it can be shown to have had a detrimental effect on the marital estate or the well-being of the children.