If you are planning to file for a divorce in Maryland, you should be aware that Maryland is an equitable distribution state as opposed to a community property state. The differences are:
- Community property state– marital property is typically split 50/50 between each party.
- Equitable distribution state – marital property is divided fairly, not equally.
As a result, the court in Maryland will need to make certain determinations regarding property to determine what is an equitable division.
Property Determinations for Equitable Division
- which property is legitimate marital property;
- the marital property’s value;
- whether a monetary award is necessary to counterbalance the property division;
- the earning power of each party;
- each party’s separate property;
- whether one party inherited the assets or did the majority of the work to acquire the assets;
- whether one party significantly contributed to the family as a homemaker;
- whether one party was financially irresponsible;
- the duration of the marriage;
- the age and health of each party;
- how any children will be provided for;and
- whether adultery or spousal abuse occurred(the offender would be penalized.)
To ensure your legal rights are preserved during your Maryland divorce, you should speak with an Annapolis divorce attorney. Your attorney can fight on your behalf to help you seek the marital property you deserve. To learn more about property division, please visit our article library.
Contacting an Annapolis Divorce Attorney
The Annapolis divorce attorneys at Jimeno Gray understand the nuances of divorce, child custody and alimony in Maryland. Our Annapolis divorce attorney team is ready to help you with your family law needs. Contact us today for consultation – 410-590-9401.