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How marital property is established and divided during divorce
Each state has different rules for establishing and distributing marital property. In Maryland, courts consider marital, non-marital and commingled properties during the division of property process in a divorce.
Establishing marital and non-marital property
Maryland courts consider any property acquired during the life of the marriage to be marital property. This can include the home bought by the spouses, any vehicles, furniture and other items such as household effects and jewelry. It can also include accounts opened during the marriage as well as stocks and retirement or pension accounts. Meanwhile, non-marital property refers to any property acquired before the marriage as well as inheritances and gifts received by one spouse during the marriage.
Commingled property is more complicated
Commingled property is defined as property that has used both marital and non-marital funds. One example of this is a house bought before marriage by one person, but its mortgage and upkeep costs paid by marital funds. Retirement and pension accounts opened before marriage, with contributions continued after the wedding can also be considered commingled property.
How do you financially prepare for a divorce in Maryland?
No one likes the idea of preparing for a divorce, but one of the best things you can do to protect yourself is to prepare your finances. After years of living with someone and having your finances entangled with theirs, it can be hard to separate assets. The best thing you can do is go through your finances with a fine-tooth comb. This will help you get a better understanding of what you and your spouse share, what’s owed to you and what life after the divorce will look like for you.
What’s the first step in preparing your finances?
The first step in preparing your finances for divorce is going through all your financial documents. This includes credit card statements, loans and any paperwork that proves ownership of any joint assets.
You will want to take inventory of all the things that have your name on it and what might have to be negotiated in court. This is especially important if either you or your spouse is contributing more to your household’s finances or if one of you has spent more money on investments.
How do Maryland courts divide marital assets?
Divorce can be an uncertain time. Not only are divorcing people facing the end of their marriage, they may also have questions about their future financial health. Many of these questions are related to the distribution of property.
What property will the courts divide?
Under Maryland law, any property acquired during the course of your marriage is considered marital property. This includes money, debt, retirement benefits and real estate. Marital property can even include property listed only one spouse’s name and property acquired after you and your spouse separated but before your divorce was finalized. This property is considered jointly owned and will be divided during the divorce.
Generally, the court views a spouse as the sole owner of the gifts or inheritance they received during the marriage as well as the property that they acquired before the wedding.
ALIMONY IN THE STATE OF MARYLAND 2020 - Diamant Gerstein
The Law of Alimony It is a fundamental principle of Maryland family law that "alimony awards, though authorized by statute, are founded upon notions of equity[.]" Tracey v. Tracey, 328 Md. 380, 393 (1992). A Court can look at a laundry-list of factors when determining whether or not alimony is appropriate. Because the purpose of alimony is the "rehabilitation of the economically dependent spouse," Maryland favors the provision of rehabilitative alimony for a fixed term to assist the dependent spouse in becoming self-supporting. St. Cyr v. St. Cyr, 228 Md. App. 163, 184-85(2016) (citations omitted). Nonetheless, indefinite alimony is appropriate when fairness requires it. Boemio v. Boemio, 414 Md. 118, 143-144(2010). Indefinite alimony should be reserved, however, for exceptional circumstances, i.e. "if the standard of living of one spouse will be so inferior, qualitatively or quantitatively, to the standard of living of the other as to be morally unacceptable and shocking to the court." Karamand v. Karamand, 145 Md. App. 317, 338(2002).In deciding whether to make an award of alimony and, if made, the amount and duration of the award, the court shall consider the following factors: (1) the ability of the party seeking alimony to be wholly or partly self-supporting;(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;(3) the standard of living that the parties established during their marriage;(4) the duration of the marriage; (5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;(6) the circumstances that contributed to the estrangement of the parties;(7) the age of each party;(8) the physical and mental condition of each party;(9) the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;(10) any agreement between the parties;(11) the financial needs and financial resources of each party, including:(i) all income and assets, including property that does not produce income;(ii) any award made under §§ 8-205 and 8-208 of this article;(iii) the nature and amount of the financial obligations of each party; and,(iv) the right of each party to receive retirement benefits; and(12) whether the award would cause a spouse who is a resident of a related institution as defined in §19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur. FL§ 11-106(b).
ALIMONY IN THE STATE OF MARYLAND- DO I QUALIFY FOR ALIMONY? - Diamant Gerstein
When deciding if alimony is warranted, Maryland Family Law Code # 11-106 requires a court to make a fair and equitable decision by considering several factors. Each one carries its weight, including:
The length of your marriage
The circumstances leading up to the dissolution of your marriage
The age, physical and mental condition of each party
The standard of living the couple established during the marriage
The contributions, both monetary and non-monetary, each party made to the marriage
The financial needs and resources of each party
The ability of each party to be self-supporting
The time necessary for the party seeking alimony to gain education or training needed to become self-supporting
The ability of the party paying alimony to meet their needs while also meeting the needs of the other party; and
Any agreements between the parties.
In child support determinations, there is a rebuttable presumption that the amount of child support will be calculated using the Maryland Child Support Guidelines. However, when determining alimony, there are no statutory guidelines required or a set formula for a judge to utilize.
As a reference, attorneys often do refer to the Kaufmann and the American Academy of Matrimonial Lawyers (commonly referred to as the "AAML") "guidelines." These can be referenced to give you a range of what to expect, but these "guidelines" are only reference points. It’s essential to keep in mind that in Maryland cases, they are not required to be considered or followed by the court. In my experience, these "guidelines" are excellent tools that should be utilized to educate yourself on the possibilities of your case.
Whether you are a potential payor or a potential recipient of alimony, consultation with an attorney is worthwhile. Due to the multiple factors a court must consider, and with the unique circumstances each case presents, all will have a profound effect on alimony determination. That’s why you should consult with an attorney as soon in the separation-divorce process as possible. If alimony is a potential issue in your divorce, whether you will be paying or receiving it, consultation is critical. Your attorney can provide you with the guideline calculations mentioned above, and give you advice regarding the facts specific to your case. All of which will have an impact on an alimony determination in your divorce.
PHYSICAL CUSTODY, LEGAL CUSTODY, SOLE V. SHARED, CUSTODY LAWS IN MARYLAND - Diamant Gerstein
If you choose to do this, you and the other parent should be as specific as you can to avoid future conflicts. You should ask yourself questions like these:
Who has legal custody?
Which holiday does the child spend with you?
What time and where may the other parent pick the child up?
What time should the child be returned home?
What is the procedure to follow if either of you are running late and won’t be there on time?
How much notice should you be given if they are planning a vacation?
How far away may the other spouse move?
What you might think you can figure out as you go along could become a bitter disagreement later. The stipulations should state everything that you have agreed upon. You should not rely on verbal promises. If you both agreed on it, write it down (no matter how trivial it may seem now). Your agreement should be included with your Complaint for Custody (DR 4), Complaint for Visitation (DR 5) or Complaint for Divorce (DR 20 or 21).
Additionally, you should be sure to read this full section before proceeding in order to avoid having your stipulation and consent order ignored by the court or giving away rights of which you were unaware.
NEGOTIATING CHILD SUPPORT IN MARYLAND: AGE 18 AND BEYOND - Diamant Gerstein
I am often asked if my client can get his/her opposing spouse to pay for college. The short answer is: NO, unless the other spouse agrees to pay child support past the age of 18 and reduces that agreement to writing.
Once your child turns 18 and graduates high school, he or she is no longer a child in the eyes of the law in Maryland. While it may be scary to think that your child is actually an adult, the fact of the matter is that they now have the legal right to govern their own life. So what does that mean for you?
Child Support – The legal obligation to support your child ends at the graduation from high school or age 19, whichever comes first. While many parents will continue to support their children in other ways (e.g., help with college tuition, pay their rent, car note, etc.), the obligation to pay the other parent child support in Maryland ends when a child turns 18 or graduates high school, whichever is later. If you are paying directly to the other parent, you can stop. If your wages are being garnished, you need to work a little more closely with the employer and the office of child support enforcement to ensure that it does not continue. If parents entered into a written agreement to continue support after 18, then the child support does not end at 18 under that contract.
MUTUAL CONSENT TO DIVORCE IN MARYLAND - Diamant Gerstein
As of October 1, 2018, parties in Maryland can divorce without a waiting period, EVEN IF they have minor kids. The hitch? You need a fully-executed separation agreement disposing of all issues in your divorce: custody, child support, retirement benefits, the house, cars, vacation homes, and so forth.
Why is this great? It’s great news and tremendous step forward, because, until this day, parties had to live separate and apart for an entire year before being granted an absolute divorce. Living in separate residences is both costly and stressful for the parties and their children, alike.
Mutual consent was originally passed two years ago as a new ground for divorce in Maryland, but it did not apply to couples with minor children. Now that minor children are included in this law, if you come to an agreement with your spouse and commit that agreement to writing, you can immediately file for an absolute divorce in the County of competent jurisdiction.
Sharon
Interesting Article from Huffington Post on Considerations When Hiring a Divorce Lawyer - Diamant Gerstein
https://www.huffingtonpost.com/2014/02/02/divorce-lawyer-advice_n_4661934.html?ncid=engmodushpmg00000006
UPDATE TO MARYLAND DOMESTIC FAMILY DIVORCE LAW (2018) - Diamant Gerstein
Every year, Maryland’s legislature passes new laws that impact many Maryland family law cases. This session, the Maryland legislature passed a significant number of family law related bills into laws.
Here is a look at several new laws that may potentially change your divorce, domestic violence, child support, or other Maryland family law related matter:
A Party can now use the granting of a Maryland Interim Protective Order, Maryland Temporary Protective Order, or Maryland Final Protective Order, as grounds for a limited or absolute divorce in Maryland. (House Bill 293)
This new domestic violence law makes all domestic violence related orders admissible in Maryland custody and Maryland divorce proceedings. Courts may now use grounds for a protective order petition, compliance, or even violations of domestic violence orders when determining if a Party has met their burden for proving grounds for divorce.
A Former Spouse can request restoration to a prior name up to 18 months after an entry of a Judgment of Absolute Divorce, without having to undergo the standard name change process. (House Bill 793)