For many people, property division is one of the most stressful aspects of divorce. Each party to a divorce wants a fair share of what s/he has built or earned during the marriage.
Maryland doesn’t default to an even split of marital property like community property states. Maryland is an equitable distribution state, which means that judges are given broad discretion to decide what division is fair based on a number of factors. Since each judge can give each factor the weight s/he thinks is appropriate, that discretion can lead to dramatically different outcomes. This is why, unless there are no marital assets at all (which is highly unlikely), you are well advised to retain an experienced Maryland attorney to control that risk by settling the case on reasonable terms or, if that’s not possible, presenting, at trial, as convincing a case to a judge as possible.
Maryland is an Equitable Distribution State. What Does That Mean?
Equitable distribution doesn’t mean equal division, it means, within broad parameters, what the Maryland judge hearing your case thinks is fair based on the evidence presented. What the Judge assigned to your case may think is a fair division in your case could be very different than what you think is fair. Also, a different Judge could view the same evidence and reach a different view of what is fair.
This can lead to extreme outcomes. For example, I have seen a judge decline to split a retirement account that was 100% marital in a marriage that was more than 20 years in duration allowing the spouse who earned it to keep it all. While that’s an unusual outcome, it illustrates the risks of trying cases instead of settling them if there is a reasonable way to do so.
Will I Get a Portion of All Marital Assets?
When an asset is 100% marital it is more likely than any other outcome that a Maryland Judge, if s/he can, will divide the value of that asset equally between the parties or else. If it’s not possible to divide that asset between the parties then the Judge will likely try to ensure in some other way, such as a marital award, that each party gets approximately half of the value of marital assets. However, not all assets acquired during a marriage are marital assets. Some assets are non-marital and some are partially marital. This can get even more complicated when one party has commingled marital and non-marital assets. There can be further complications when one party has engaged in dissipation and when there is a significant amount of marital debt. So do not make any assumptions about what outcome is more likely than another in your case. Instead consult with an experienced family law lawyer. The good news is that if you and your spouse both agree or nearly agree on what is fair then, before going to court or even after, you should strongly consider Collaborative Divorce. This is an out-of-court settlement process whereby the parties, their lawyers and sometimes other professionals work together as a team with the shared goal of reaching a settlement in which no one is taken advantage of. This is an extremely unusual yet powerful settlement option because everyone, including the lawyers, agree to work as a team, to be fully transparent and to watch out for each other.
The judge has the power to weigh a number of factors including: the contributions, monetary and nonmonetary, of each party to the well-being of the family; the value of all property interests of each party; the economic circumstances of each party at the time of the divorce trial; the duration of the marriage; the age of each party, the physical and mental condition of each party and how and when specific marital property or interest in property was acquired, including the effort expended by each party in accumulating the marital property. The Judge can also consider “any other factor” that s/he considers “necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property.” This can include, for example, whether one party has engaged in dissipation and how much marital debt there is, why it was incurred and who is liable on that debt.
That’s why it’s critical to have a lawyer help you take a close look at the full monetary and non-monetary picture of your marriage. A clear example of a non-monetary contribution is when one spouse stays at home for many years to be the primary caretaker of the children and primary homemaker. What was the division of labor like in the marriage? What items of property are marital, non-marital and partially-marital? How much debt did each spouse incur during the marriage and for what purpose? Has any spouse used marital funds in a manner that benefitted only him / her? If you’re at trial and fail to present a clear and complete property picture and highlight the monetary award factors that favor you, you’ve increased your chances of a bad ruling.
How Can an Attorney Help with the Distribution of Assets?
You bring to me the facts of your life along with your goals, values and your budget. I bring to you my over 15 years of legal knowledge and experience in family law.
I help clients build a narrative supported by documentation, timelines and a logic tailored to appeal to most Maryland judges. That includes outlining how finances were handled during the marriage, what sacrifices were made by whom and for what reason and what future needs should be considered. I have had experience trying cases in front of a range of Judges and Magistrates in Anne Arundel, Prince George’s, Montgomery, Charles, Calvert, Baltimore and Howard counties. This broad experience gives me a basis for advising you about which arguments are most likely to be convincing and which are not.
Get the Legal Compass You Need on Your New Journey
The division of property in a divorce is a turning point in your life that can impact you for years to me. Do not risk losing what you have earned during your marriage due to ignorance. Let’s chart your course together.
