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.
The court doesn’t just order parents to pay any amount for child support during a divorce; instead, the judge looks at factors unique to the parents and the children in question. You can find the guidelines for computing child support in the Maryland Annotated Code, Family Law Article, §12-204. Here’s what to expect.
The court will require you to submit your recent tax returns documents, paycheck stubs or other documentation of current earnings to determine your net income when calculating child support payments. If you are unemployed or underemployed, the court will base child support on your earning capacity.
In Maryland, there are a few different types of child custody arrangements that the court can order. They include joint legal custody, joint physical custody, sole legal custody and sole physical custody. The court will use the type of arrangement you get to determine how much you or the other parent should pay. Customarily, the more time a child spends with a particular parent, the less child support that parent will be required to pay.
If you and your partner have decided to divorce, there are several things you’ll need to consider about your new way of life. Divorce comes with several challenges that are unique to your family structure. If you’re a Maryland resident, here are some important things to know.
If you were the one paying most of the bills, you may notice that you have a little extra money at the end of the month if you’ve moved to a smaller space. However, this "extra" money may be necessary to pay attorney fees and other costs that come with ending a marriage. If you were the stay-at-home parent or didn’t make as much as your spouse in the marriage, you will likely find that the monthly bills can be overwhelming. This may require you to take on another job, especially if you have primary custody of the children.
After your divorce, you may have to take care of the children more often than you normally would. If you have joint custody, you may have to get used to dropping the kids off at school on your way to work or making sure dinner is on the table every night. This new way of parenting may mean that you’ll have to make significant changes to your schedule and take on more tasks than you’re used to now that your marriage has ended.
The American Psychological Association states that between 40-50% of marriages in the US end in divorce. This indicates that many couples have to figure out a way to handle debt that occurred during divorce proceedings. If you’re a Maryland resident, here are some important things to know about debt and divorce to protect your finances.
Divorcing couples who live in community property states won’t necessarily pay marital debt according to which spouse created the debt. Both spouses could be equally liable even if one spouse was not aware of the debt.
Maryland is considered an equitable distribution state, which means the courts will assign the debt(s) to the spouse who created the debt. Usually, the debt belongs to the spouse whose name is on the bills for the debt. If both spouses are named on the debt, both are responsible for paying it, even after the divorce.
It is best to try and make sure the debt is in the spouse of the spouse who is liable for it before the debt is finalized in divorce. This requires both parties to work together but this option is worthwhile for spouses who don’t want to pay for a debt that doesn’t belong to them. If you and your spouse have credit card balances, you may need to transfer the balance to other cards or consider debt consolidation.
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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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