Property division in Maryland divorce cases concerns not just tangible items that were used during the marriage, but also property that accrued during the marriage, such as investments and pension benefits. In a 2009 appellate case, the Maryland Court of Special Appeals considered whether an ex-husband should be required to…
Articles Posted in Divorce
Can Maryland Judges Look at Non-statutory Guidelines To Determine Alimony?
Can a family law judge look at anything outside statutory guidelines to determine an alimony award? This issue was illustrated in a 2010 case. The couple in the case married in 1985 and had two kids. In 1988, the husband earned an MBA and got a job at the Federal Reserve…
Dissipation of Marital Funds in Maryland
Dissipation of marital property in Maryland occurs when one spouse uses the marital property for a benefit unrelated to the marriage while the marriage is falling apart. In a 2011 case, a couple had married in 1998 and was divorced less than 10 years later. During the divorce, the wife…
Entering into a Prenuptial Agreement in Maryland
Parties who marry in Maryland can choose to enter prenuptial agreements that are governed by religious rather than secular law. They can also elect to have issues that arise heard by an arbitrator outside secular law, such as a religious body. However, should you choose to do this, you should…
What is the Maryland “Bangs Formula”?
Maryland uses something called “the Bangs formula” to decide the marital share of an asset in a divorce case. The formula is called this because of a 1984 case called Bangs v. Bangs. Under the formula, the court looks at the number of years of a person’s working life, during…
Attacking Prenuptial Agreements in Maryland
In Maryland, courts scrutinize attacks to prenuptial agreements carefully. They interpret prenups as they would any other contract between two consenting adults. In a recent case, a twenty-six-year-old woman had married a father of three. In 1988 when they married, she was working in a daycare center for minimum wage.…
Limited Divorce in Maryland
What is “limited divorce” in Maryland? The state recognizes both “limited” and “absolute” divorce. The latter is a true divorce. The former is a legal separation that may be pending the absolute divorce judgment. There are only certain issues in a limited divorce that a court can rule upon. Among…
When is Indefinite Alimony Appropriate in Maryland?
In Maryland and elsewhere, disagreements over alimony can be the subject of very heated lawsuits. In a recent case, an appellate court looked at the marriage of a couple that married in 1990. The husband adopted the wife’s son from a prior marriage. At the time of the wedding, the…
Can a Maryland Judge Transfer a Marital Home to One of the Parties?
Couples who are getting a Maryland divorce often fight over marital property, especially the marital home. Once a court decides what property is marital property (such things as pension, retirement, or a deferred compensation plan) it may transfer ownership in order to adjust the equity of the parties with respect…
Child Abuse Charges in Maryland
One of the most difficult situations within Maryland family law is parental child abuse. A 2012 appellate case dealt with the question of a child abuse charge against a father. In the case, the department of social services received a report that a father had held one of his two children by…