Like most other states, Maryland is an equitable distribution state. Upon divorce, the court must divide marital property (debts and assets) equitably, so the marriage dissolution is not an unfair financial burden on either party. Equitably usually, but certainly does not always, mean equally. We break down some common property division factors in Maryland below.

Maryland’s equitable distribution law gives both spouses important legal and financial rights during a marriage dissolution proceeding. A divorce lawyer in Waldorf, MD, from the Law Office of Robert R. Castro stands up for these legal rights in court. Success in court requires diligent preparation. So, long before the big day comes, our team thoroughly evaluates your case, collects evidence that supports your positions, and encourages you throughout the long, and often frustrating, divorce process in Maryland.

Length of the Marriage

If the parties have been married more than about ten years, they each become accustomed to a certain standard of living. Both spouses have the right to expect that their standard of living will not plummet after a divorce.

This factor usually weighs in favor of women. Statistically, divorced women have much higher poverty rates than divorced men.

The length of the marriage, along with the standard of living during the marriage, which is a closely-related factor, are also considerations in alimony awards. If one spouse needs some time to finish a degree or otherwise develop employment skills, the court may order the other spouse to fund that process, at least in part.

Evidence supporting (or disputing) a disproportionate equitable division includes the marital lifestyle and the probable decline of that lifestyle.

Future Earning Capacity of Each Spouse

This factor is really two sub factors: the relative age and health of each spouse, and the relative educational and vocational background of each spouse.

Generally, young and/or healthy people have a greater future earning capacity than older and/or ill people. By the same token, people with solid educational and vocational backgrounds often find high-paying employment much easier than people with limited backgrounds, especially during economic downturns.

In these situations, a family lawyer in Waldorf, MD, often focuses on retirement accounts, such as a 401(k). These accounts have financial and emotional value.

Contributions to the Marriage

These contributions include economic and, in some cases, noneconomic contributions. If applicable, courts give equal credit to both contributions.

Economic contributions are relatively easy to track. However, these contributions usually do not include nonmarital property. If Wife’s stock, which she bought before the marriage, soared in value, that high value doesn’t directly affect the equitable division of marital property.

Noneconomic contributions (the “homemaker factor”) are tricker. Maximum credit is usually available if a spouse gave up career advancement opportunities to be a full-time caregiver. Lesser credit is usually available in an either/or situation (Husband either turned down a promotion or shouldered a greater share of household chores).

This factor, in a slightly different form, is also relevant in child custody determinations. “Breadwinner” spouses who showed little interest in soccer games and piano recitals during the marriage are at a disadvantage if they want custody of the children.

Circumstances of the Divorce

Maryland is one of the few states which allow courts to consider adultery or other fault in the breakup of the marriage, such as domestic violence, during property division disputes. The theory is that the marriage would have continued if the at-fault marty had not misbehaved.

Agreements Between the Spouses

Almost any court will approve almost any out-of-court settlement, as long as it roughly jives with the aforementioned factors. To most judges, a divorce trial should be avoided at almost all costs. This same presumption applies to premarital agreements. Usually, courts uphold these agreements unless they are blatantly one-sided or one spouse physically compelled the other spouse to sign.

Contact a Dedicated Calvert County Lawyer

Both parties have important legal and financial rights in divorces and other family law proceedings. For a confidential consultation with an experienced custody lawyer in Charles County, MD, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. You can also call us at (301) 870-1200 or go online.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.