One of the questions I get asked most often is whether a spouse whose significant other "cheated" on them can benefit financially from that spouse’s behavior. The answer is, "It’s possible."
On October 1, 2023, Maryland became a no-fault divorce State. As such, adultery has been eliminated as a ground for seeking a divorce. In other words, Maryland changed to a "no fault" divorce State, which is in line with most other States. Divorce can be requested and granted for the following reasons/grounds:
Irreconcilable differences
The couple has lived apart for at least six months or
Even though adultery is no longer a reason/ground for divorce, adultery can — and will — still be a valid consideration in Maryland divorce proceedings. This is because Maryland divorce courts are still required to take into account the "reasons for the estrangement" of the couple when making decisions about alimony and division of property. That’s what "sitting as a Court of Equity" literally means.
Maryland’s Highway Safety Office reported that alcohol-impaired drivers contribute to about 35 percent of all fatal auto crashes across the state. The FY2024 report from Zero Deaths Maryland identified repeat DUI offenders as a "persistent issue." While no one is in favor of impaired drivers on Maryland’s roadways, there are times when an over-zealous officer charges a person who was not actually impaired with DUI.
Being charged with a DUI has many repercussions, both legal and otherwise. In addition to potential jail time, high fines, and the suspension of the offender’s driver’s license, collateral consequences can include the loss of a job, the inability to secure employment, prohibitively high insurance rates, and social stigma from family, friends, and neighbors.
Because the ego of a narcissistic person is fragile and his or her self-esteem so heavily guarded, a narcissist’s thoughts and therefore behaviors are armored, protecting them from their own self-loathing that is at the very core of their being. Many narcissists suffered emotional pain as children and cover for that pain in the way they attach to others.
1. Please hire an attorney before approaching your spouse with the plan to divorce.
Important note: If you believe you or your children are in immediate danger, do not remain under the same roof and do not wait to act. You can call 9-1-1 or seek a protective order in the State of Maryland. A protective order can protect both yourself and your minor child(ren).
Maryland is an equitable distribution state, which means that marital property is divided based on a number of factors as part of a divorce decree. These factors may include your income, your partner’s income or your ability to work. Your age, physical condition and whether or not you have children may also be considered relevant during the property division process.
As a general rule, anything that is acquired during the marriage is considered to be a part of the marital estate. Marital assets might include a home or car that was purchased with joint funds, or money inside of a brokerage or retirement account. It’s worth noting that an asset may be considered part of the marital estate even if only one name is on title documents. It’s also worth mentioning that any appreciation in an asset that takes place during a marriage might be considered a joint asset in a divorce proceeding.
Assets that begin as separate property may lose that status if they are used to acquire or maintain a joint item. For instance, if you deposit money from an inheritance into a joint bank account, the money will likely convert from a separate asset to marital property. The same is true if you used joint funds to maintain a home that you owned before getting married.
Maryland law requires a parent to financially support a child regardless of that person’s relationship with the minor’s other parent. A family law judge will evaluate a variety of factors when determining how much you should pay each month. If you fail to abide by a judge’s order, assets such as a home, car or the funds inside of an individual retirement account might be garnished.
Maryland law generally makes pensions and other employer retirement plans exempt from garnishment. However, this is not the case with an IRA because it is not a qualified account. In fact, your retirement savings may not be safe from being garnished even if you file for bankruptcy.
If you do decide to file for bankruptcy, up to $1,362,800 in IRA funds may be deemed off-limits to creditors per the federal Bankruptcy Abuse Prevention and Consumer Protection Act. However, since child support payments are considered a priority debt, this legislation may not apply in your case. It is important to consider that filing for protection from creditors may result in other debts being discharged. This might free up enough money to get current on your child support obligations without losing any property.
Going through the divorce process can be emotional when you decide to choose this option in Maryland. In this situation, evaluating each step is essential to ensure you don’t make any costly mistakes. This action will help provide safeguards so that you stay financially and emotionally healthy after the divorce has been completed.
After choosing to divorce, you’ll need to gather financial information and determine what you own. Collecting information on your debts should also be done to determine what you owe. You’ll also need documentation showing your income. Establishing your own credit by obtaining a credit card opened in your name only is another step you can take. Evaluating and protecting financial accounts can also be a critical action to take. Doing so helps ensure you can live comfortably after you separate.
If you’re facing divorce, it’s critical to understand how your pension or retirement plan is handled. Most accounts and plans have specific procedures. These must be followed when retirement assets are being divided in a divorce.
The notion that spouses married for many years or remarried at an older age will not divorce is not correct. Many couples over age 50 file for divorce in Maryland family courts.
In this blog post, we will look at some of the issues related to older couples’ divorces.
Many reasons contribute to divorces for older couples.
Financial concerns, not surprisingly, often drive a wedge in a marriage. Worries about retirement years and nest egg savings can become more severe as people age. In the opposite scenario, one spouse worries about retirement savings while the other continues spending or putting retirement funds at risk.
"Empty nest" refers to changes in the household after children become adults and move away. When the children are gone, the spouses find themselves unable to live together and problems ensue.
Divorce can be an emotionally challenging time for Maryland couples. The end of a marriage can be a complicated time to process your changing feelings and relationship. However, it is also a very practical process with major financial implications for the future. Even when the divorce is relatively amicable, there are still important matters to resolve about how to divide assets, handle child custody and support, and manage any alimony. By having key documents prepared for your first meeting with your divorce attorney, you can get ready for the changes to come.
When it comes to negotiating a divorce settlement, paperwork is one of the most important things that you can provide. When you meet with your divorce lawyer, you can bring a file with you that contains key financial documents, property records and other legal documentation. This will enable your attorney to move forward with your case more quickly and communicate more effectively with your spouse’s lawyer.
If you’re getting divorced in Maryland and have one or more children, it can be a tumultuous time. Easing the frustration that may be present can be completed by having a solid parenting plan. Doing so is an excellent way to know how issues will be handled when they arise. This action should help reduce conflict, making it less stressful to deal with this new family structure.
Going through a divorce can be painful. When children are involved, it can make the situation even more challenging. Knowing the responsibilities for housing each kid is the minimum plan that can be created when a co-parenting relationship is put in place. However, for the best interest of your children, it’s an excellent idea to have a detailed and comprehensive parenting plan. Choosing this option provides a fantastic way to handle disagreements before they turn into a full-blown conflict.
Narcissism is an actual disease, a true psychological disorder. If you are divorcing a narcissist in Maryland, be prepared for a tough battle. They are known to do everything in their power to make sure they come out on top. Here’s a look at what to expect when divorcing a narcissist.
Narcissists crave control; it’s the essence of their functionality. They will do whatever they can to manipulate the divorce process and make sure they are the ones calling the shots. Your narcissistic soon-to-be ex-spouse may try to drag out the process as long as possible or refuse to cooperate to gain an advantage.
The narcissist may try to turn the children against you or use them to manipulate you. You’ll notice this through their spirited fight to gain custody of your kids to have power over you.
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Rockville, MD 20852
From our office in Rockville, Maryland, we serve clients throughout Montgomery County and the surrounding areas, including Ellicott City, Columbia, Frederick, Clarksburg, Germantown, Silver Spring, Chevy Chase, Olney, Bethesda, Gaithersburg, Potomac, Baltimore, Baltimore County, Prince George's County, Frederick County, Howard County, Charles County, Anne Arundel County, Kent County, Caroline County, and Washington County.
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