Division of Property

How a Non-Marital Asset May Become (At Least Partially) Marital in Nature and Subject to Equitable Distribution in Maryland

December 30, 2021 | by Anthony A. Fatemi, LLC

Marriages, especially those entered into by spouses with pre-established careers, can lead to complex divorces when they break down. These kinds of divorces arise when a spouse entered the marriage with substantial non-marital assets, but then also continued to grow their wealth during the course of the marriage. When a marriage like that ends in divorce, it is critical, in order to get everything you deserve, to obtain a judgment that accurately identifies what’s a marital asset and what’s non-marital. A skilled Maryland divorce lawyer can be essential to getting this done right.

The marriage of a businessman and a social worker from Montgomery County was an example of this kind of union. The marriage lasted just two years before irretrievably breaking down.

Much of the divorce litigation centered on the husband’s 401(k) plan. Before the pair wed, the husband worked for a very large bank and had a 401(k) through his employer. Shortly after he and the wife married, the husband rolled that 401(k) over into another account.

What You Need When Your Spouse Has Accused You of ‘Dissipation of Assets’ in Your Maryland Divorce

December 16, 2021 | by Anthony A. Fatemi, LLC

In music and other popular media, there is the stereotype of the deceitful spouse who, during the pendency of the couple’s divorce, empties the couple’s bank accounts and absconds with the funds. That stereotype exists because that sort of malfeasance does happen sometimes. If it has happened to you, or if you have been wrongfully accused of engaging in this type of misconduct, you need a knowledgeable Maryland divorce lawyer going to bat for you.

One Baltimore County couple had a $100,000 dispute of this type in their divorce case. The husband had withdrawn $100,000 from certain marital accounts. The wife said that the husband had impermissibly dissipated the funds, while the husband said that the withdrawals were related to the legal fees he’d amassed in the divorce litigation.

At the outset, it’s important to recognize a few things. One, in Maryland, dissipation of assets occurs when one spouse wastes, spends, or sells a marital asset for reasons not related to the marriage or to reduce the amount his/her spouse will get in the final divorce judgment’s property award.

When a Maryland Judge Can — and Cannot — Find You in Contempt of Court for Things You Did or Didn’t Do in Connection with Your Divorce

November 30, 2021 | by Anthony A. Fatemi, LLC

When the court orders you to do something as part of your divorce, the best plan of action is to do as the order demands. Sometimes, though, questions may still remain regarding whether or not you’ve complied with the order. If you haven’t, the possibility of being found in contempt of court arises. Be aware, though, that there are special rules that govern when a judge can and cannot find you in contempt and, if the judge has not followed the proper procedures, you can, with the help of a skilled Maryland divorce lawyer, get that contempt finding tossed out.

A lot of times, when a couple with children goes through a divorce, child-related issues are at the forefront. Sometimes, though, that is not the case. Sometimes, items of property are the things about which the spouses contest most heavily.

Those issues can become heated, especially if the items in dispute are rare or unique. A recent Baltimore County divorce case is a good example of this. The couple was the parents of two boys, but the children were not what produced the most litigation. Rather, five items of personal property were.

What Maryland Law Does With Assets You Acquired Long After You and Your Spouse Separated But Before You Divorced

November 16, 2021 | by Anthony A. Fatemi, LLC

There are several factual scenarios that potentially can complicate your divorce. One of these is when you and your spouse separate (and remain that way) for decades before seeking a divorce. Another is when one spouse in a long-separated-but-not-divorced couple comes into significant wealth. These are but two examples among the many. Almost any divorce has its unique elements that can pose challenges, though, which is why it is well worth your time and effort to retain a skilled Maryland divorce lawyer to represent you in your case.

In the United States, late November is a special time to reflect and be thankful for the good things in our lives. Those sources of gratefulness could be everything from finding a new love to continued good health to… winning the lottery.

The joy that can come from “striking it rich” may be lessened, though, if you have an estranged spouse in your life. That was the scenario on the mind of one wife who wrote to the publication The Penny Hoarder recently. The wife left her husband in 1990, but the two never divorced, according to her letter. In recent months, the wife received information that her estranged husband may have won a large lottery prize, and her letter to the publication centered on her options for getting a portion of those lottery winnings.

Legal Considerations You Should Take Into Account if You’ve Met Someone New While Your Maryland Divorce is Still Pending

October 26, 2021 | by Anthony A. Fatemi, LLC

When, it comes to marriages, relationships, and divorces, some issues and situations are universal, as a recent divorce case from overseas demonstrates. Even though this court case came from India, much of the circumstances involved could easily have happened in Maryland. While those marital scenarios and pitfalls may be largely universal, the law definitely is not. The distinctions and differences between the law of one place versus another are a crucial reason why having an experienced Maryland divorce attorney on your side is essential when you are seeking to end your marriage in this state.

The Indian case, reported by CNBC TV18, involved a marriage that reportedly was troubled nearly from the start. The spouses became estranged “within a few months of marriage,” then one of the spouses met someone new and that pair began “staying together in a live-in relationship,” according to the report.

The new couple had many questions. Could they continue living together while the divorce was pending? Could they get married before the divorce judgment was finalized? According to Indian law, this Indian couple could continue living together, but they could not get married before the finalization of the divorce without placing the married partner in potential legal peril for bigamy.

Why Having Proper Legal Representation Matters in Your Maryland Divorce, Even if You Are Resolving Your Issues Through a Settlement

October 15, 2021 | by Anthony A. Fatemi, LLC

Failing to obtain experienced legal counsel is often a mistake in a divorce case, even if you and your spouse are seeking to resolve the matter by agreement. That’s especially true if your spouse has retained an attorney. Your skilled Maryland divorce lawyer can help you assess whether or not the agreement proposed to you is genuinely fair to you, and whether or not a judge might award you significantly more if you litigated the matter. Your attorney can also help you identify harmful provisions in the agreement that might be unenforceable under either Maryland family law or Maryland contract law.

Proceeding on your own, especially if your spouse has legal representation, can expose you to serious risks. Take, as an example, the divorce case of C.G. and K.G., a Maryland couple with no children who decided to end their decade-long marriage in 2018.

By early 2019, the couple had mutually worked out a marital settlement that divided their property.

The Role a Trustee May Play in the Distribution of Your Marital Assets in a Maryland Divorce

September 30, 2021 | by Anthony A. Fatemi, LLC

One of the biggest questions a divorcing couple in Maryland may face is “who gets the house?” Depending on the specific facts of your divorce and the ability of you and your spouse to reach mutual agreements about your marital property, the answer may be “neither of you.” Whether you end up resolving the question of property distribution through agreement or through litigation, you need someone who is keenly familiar with Maryland law, so make sure you have a knowledgeable Maryland divorce lawyer representing you throughout the process.

Take, for example, this divorce case from Charles County. The husband and wife were a couple who ran a working farm that produced naturally raised meats and local raw honey. The success of the farm, regrettably, outlasted that of the marriage, and the wife filed for divorce in 2015.

The spouses could not agree regarding how to distribute much of their marital property, including the marital home. Frequently, when the spouses cannot agree, the court will (as this judge did) appoint a trustee, who is a neutral third-party individual charged with selling the marital properties and then distributing the proceeds of those sales.

Why Getting the Procedural Timing Right in Your Maryland Divorce Case Can Be Critical to Your Success

September 17, 2021 | by Anthony A. Fatemi, LLC

In many walks of life, it is said that “timing is everything.” In the law, timing isn’t everything, but it definitely can be a crucial thing. Get your timing wrong in carrying out some procedural step in your case and that incorrect timing may have disastrous consequences. This is just another one (among the countless) reasons why, when your divorce is going through the legal process, you need a skilled Maryland divorce lawyer from beginning to end.

As a cautionary tale of what can go wrong when your timing is not correct, there’s this recent divorce case that originated in Prince George’s County. The couple litigated their divorce in 2020 and, on Jan. 7, 2021, the judge granted an absolute divorce. The divorce judgment also covered the marital home (ordering the wife to transfer her interest to the husband,) child custody, and child support.

The judgment did not, however, say how much child support the wife was required to pay the husband each month.

What to Do When Your Spouse Has Improperly Thwarted Your Rights Under the Terms of Your Maryland Separation Agreement

August 16, 2021 | by Anthony A. Fatemi, LLC

For many Marylanders going through a divorce, resolving issues through a separation agreement may seem like a good idea and, indeed, it very often is. It is not enough, though, simply to create an agreement; you need to be sure the agreement you get is the right agreement for you, and you need to be sure you are positioned to receive the benefits of the terms you negotiated. To do all of these things, you need an experienced Maryland divorce lawyer by your side every step of the way.

Cases from the courts in this state clearly highlight how, even after you’ve negotiated and executed a good agreement, your work may not yet be done. Take a look at this real-life divorce dispute from Baltimore County. The husband, an equine veterinarian, and the wife, a horseback riding instructor/polo coach, owned a farm in Freeland. When the horse-loving couple divorced, they executed a “Separation and Property Settlement Agreement,” which established several terms to which the spouses agreed.

Concerning the distribution of the farm they jointly owned, the contract set out four possible options, in order: (1) the wife buys out the husband, (2) if the wife declines, the husband could buy out the wife’s interest, (3) if both spouses decline, then the property could be sold by a real estate agent, or (4) the farm would be sold via a judicial sale.

Almost Any Marylander Going Through Divorce Can Benefit from the Services of a Good Family Law Attorney

July 30, 2021 | by Anthony A. Fatemi, LLC

Some people may convince themselves that they do not need a skilled Maryland divorce lawyer to handle their case. They may assume that, because they and their spouse do not dispute most issues, or because they do not have many assets, or because their case does not seem to involve anything that implicates complex issues of law, they can handle it themselves. That kind of thinking is something that you should avoid, as it could be incredibly costly to you. Some divorcing spouses think they can’t afford to hire an attorney. More likely, you can’t afford not to.

Here’s a real-life example of how it can go wrong. In June 2019, V. M.-J. filed for divorce. The case went to trial that November and the spouses didn’t have attorneys. The court’s judgment gave the husband 15% of the wife’s government pension and ordered the wife to transfer her interest in the home to the husband, conditioned on his refinancing the home solely in his own name within 90 days.

Dissatisfied with the outcome, the wife appealed. Her appellate argument was that the trial judge made a mistake in distributing the home and her pension because the husband did not file any court pleadings asking for these things.