Equitable Distribution

Adulterous Affairs, Dissipation of Marital Assets, and Equitable Distribution in a Maryland Divorce

December 30, 2022 | by Anthony A. Fatemi, LLC

One of the more painful experiences a spouse can endure is to devote years — or even decades — to a marriage only to discover that your spouse has not been as faithful to you as you’ve been to them. While heartbreaking and sometimes infuriating, your spouse’s infidelity won’t always have much of an impact on the outcome of your divorce… but sometimes it will affect that outcome in a major way. To determine your rights and options if your spouse has been cheating, you need to speak to a knowledgeable Maryland divorce lawyer.

Maryland is one of the states that recognizes both no-fault divorce and at-fault divorce. One of the grounds for absolute divorce under Maryland law is adultery. Even in a case of a divorce on the ground of adultery, that affair may not “move the needle” much in terms of the financial aspects of the court’s judgment. So, if an adulterous spouse is someone who earns only minimal income with few economic opportunities and little chance of becoming self-supporting and the “innocent” spouse has substantial wealth and income, the adulterous spouse may still be entitled to alimony and/or a monetary award, even if the infidelity was the reasons for the marriage’s breakdown.

There’s one scenario, however, where a spouse’s extramarital affair(s) can have a huge impact on those financial elements of divorce, and that circumstance was illustrated in a recent divorce case originating here in Montgomery County.

How Avoiding Procedural ‘Missteps’ Can Be Critical to Success in Your Maryland Divorce Litigation

October 17, 2022 | by Anthony A. Fatemi, LLC

In a very recent case opinion announced by the Court of Special Appeals, the court wrote that “[s]ometimes one misstep early in a case can have repercussion for the rest of the case.” Those kinds of damaging missteps can include, among other things, failing to comply with all the pretrial deadlines the trial court sets. Whether it is managing deadlines, accumulating evidence, securing expert witnesses, or tending to any of the other essential “details” that go into a successful family law case, make sure you’ve retained the services of an experienced Maryland divorce lawyer to handle your matter.

These things may sound small, but a shortcoming — even just a single one — potentially can have massively harmful results, as a recent Montgomery County case demonstrates.

R.Z. and D.Z. were parents going through a child custody case. In any kind of civil case in Maryland, all parties will receive something called a “scheduling order.” This is an order that sets various dates and deadlines, like the trial date, pre-trial conference date, discovery deadlines, and so forth. One of the things generally included in these kinds of orders is the deadline for parties to designate their expert witnesses.

‘Commingling’ Assets and Its Impact on the Distribution of Property in a Maryland Divorce

September 16, 2022 | by Anthony A. Fatemi, LLC

People are waiting longer to get married. Statistics show that the average age of Maryland men marrying for the first time is roughly 30 and, for Maryland women, 29. That means that, whether you’re talking about a first marriage or a subsequent marriage, the odds are greater than ever that the spouses are entering the marriage with significant wealth. For many spouses-to-be, one important financial goal is to ensure that the assets they want to share are shared and the ones they want to keep separate stay separate. Proper planning is vital in this area because, as a knowledgeable Maryland divorce lawyer will tell you, a failure to handle these assets properly could result in a non-marital asset unintentionally switching to marital status in the eyes of the law.

A recent Montgomery County divorce case shows this concept in action.

In terms of determining which assets were marital and which were non-marital, the spouses agreed about their home, the cars, and the checking accounts, but they did not agree about certain annuity accounts.

Dealing With Your Spouse’s Family Business in Your Maryland Divorce

July 15, 2022 | by Anthony A. Fatemi, LLC

Family-owned businesses are a staple of the American commercial landscape. Many of these businesses are passed down across multiple generations. Sometimes, though, the family business in question is your spouse’s, not yours. When that happens and you’re divorcing, some or all of that business may be a marital asset subject to equitable distribution. Getting a truly just outcome in that scenario means getting a proper determination of both the business’s status (as marital) and its value. A skilled Maryland divorce lawyer can help go about obtaining that just and appropriate outcome.

A recent example of this kind of divorce case comes to us from Baltimore County. The husband’s parents were successful businesspeople, having run a seafood market and restaurant west of Baltimore since 1963.

The husband and wife married in 2004. In 2005, the husband (“Eric”) and his father (“Bill”) formed a corporation to operate the market and restaurant. Initially, Eric owned 25% of the shares and Bill owned 75%. In January 2006, Bill transferred his shares to Eric and Eric’s sister. That left Eric with 75% ownership and the sister with 25%.

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.

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.

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.

Commingled Assets, Burdens of Proof, and Equitable Distribution in Divorce Cases in Maryland

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

When two people marry in Maryland, especially if they marry later in life, they may bring multiple assets into the marriage, including bank accounts, retirement accounts, stocks, and more. Those assets may start out as non-marital but, if you and your spouse mix marital funds with a non-marital account’s funds, that mixing may change how the law views that asset, and may entitle you to a more favorable distribution of assets. Whether you are seeking or opposing a finding that an asset is non-marital in your divorce, it pays to have an experienced Maryland divorce attorney on your side to get the fair resolution you deserve.

A.S. and T.R. were a couple with these kinds of assets. The pair married in 2006 then separated a decade later. The wife had an individual retirement account that, at the time of the couple’s divorce trial, had a balance of $86,453. In the trial court’s final judgment of divorce, the judge found that the IRA’s funds were almost entirely non-marital.

The husband appealed successfully. A key reason for that related to the way the trial court erred in analyzing the couple’s marital and non-marital assets.