Articles Posted in Separation Agreements

In many marital relationships, the spouses share much in common. They may share not only common interests, but also similar degrees of intellect and/or education. However, not all marriages work this way. Some may, in fact, have significant disparities of intellect, education or earning capacity.

A large disparity can matter a great deal if that marriage ends in divorce. It can be important because the disparity may open the door for the dependent spouse to argue successfully that his spouse used her position of dominance to create a marital settlement agreement that was the product of fraud. What this should tell you is that, even if you got your spouse’s signature on the “dotted line” of a settlement agreement, you may not be finished litigating those issues, which is one more reason why you need experienced Maryland family law counsel on your side.

How does this type of fraud argument work? A recent case originating in Montgomery County is a good example. K.P. and W.P. were spouses who separated in 2012. In September 2016, the wife’s lawyer drafted a “comprehensive settlement agreement resolving all issues arising out of the marriage.” The wife signed it in the lawyer’s office. She then allegedly asked the husband to meet her at a bank later that same day.

When you reach a settlement agreement to resolve outstanding issues in your divorce, you likely hope that this agreement will bring about closure. Sometimes, however, that doesn’t happen. Whether it is a spouse’s refusal to follow the terms of the agreement or complications that arise after life events intervene, there may be many reasons why new disagreements emerge between you and your ex-spouse. When that happens, you may need to go back to court to protect your rights. To best protect yourself, be sure you have an experienced Maryland divorce attorney on your side.

Like many people, J.D. and P.M. purchased some real estate while they were married. One of the properties they purchased was a 4-bedroom, 3-bath home in Bowie. In 2004, the couple separated. The husband continued living in the Bowie home while the wife moved into an apartment in Silver Spring.

Eventually, the pair worked out a marital agreement and that agreement was included in the couple’s 2013 divorce judgment. In the agreement, both spouses acknowledged that the husband would take sole ownership of the Bowie residence, and that he would be solely responsible for making the mortgage payments, as well as all insurance and taxes.

A lot of people understand that before you sign any legal document it is important to read it and to attempt to understand it to the best of your abilities. People may often proceed with caution before signing a contract to buy a car or a home, to take out a loan or to start a new job. However, the agreements to which you assent in family law are often just as legally binding, so it is advisable to proceed with just as much care. To be sure you are protected, retain legal representation from a knowledgeable Maryland divorce attorney.

As an example of the importance of knowing what you’re signing, there’s the case of T.C. and W.C. According to the wife, very early one November morning (roughly 5:30 a.m.), the husband woke her to discuss putting together the agreement governing the division of their property for their upcoming divorce. The couple took out a writing instrument and a piece of paper and allegedly set to work. According to the wife, the couple created a “his” and a “hers” column. The husband’s column included, among other tangible assets, an entry for “$150,000.” The wife asserted that this was a sum that the husband had earned from previous employment and that its entry was included to signify that the husband could keep those funds.

The husband argued something very different. He contended that the “$150,000” entry was meant to signify that the couple was agreeing that the wife would pay the husband a lump sum marital award of $150,000 in lieu of the husband’s receipt of alimony. The husband also alleged that the discussion took place at around 8:30 a.m., not 5:30.

When you are going through a divorce and working out the terms of a settlement agreement with your spouse, it is important to make sure that you fully negotiate everything to your satisfaction. Once the agreement is completed and incorporated into your divorce, it becomes increasingly difficult to get a court order making certain changes. If you seek certain types of relief from the judge based upon a claim of fraud, you may be required to prove a very specific type of fraud, as was demonstrated in one recent case from Anne Arundel County. All of these rules, requirements, and potential pitfalls serve as reminders of the importance of having representation from an experienced Maryland divorce attorney during every step of your case.

The couple in the Anne Arundel County case, Michael and Christa, separated in 2011 after 14 years of marriage. The next year, they worked out a marital settlement agreement. Resolving divorce-related issues via agreement as opposed to litigating every item can be a useful way to deal with aspects of your divorce. The agreement stated that it resolved all of the issues in the divorce, including child support, alimony, and the division of marital property.

The agreement required both spouses to “exchange all information relevant or helpful to the recalculation of the Maryland Child Support Guidelines . . . so that the reallocation of alimony and child support . . . can be conducted.” The husband made his disclosures required by the agreement, and they showed that, in one year, he earned $1.5 million, which was unusual because he typically earned between $250,000 and $300,000.