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Answers To Your Most Common Questions About The Distribution Of Assets During Divorce Lawyer, Annapolis, MDIn this article, you will learn…

  • What happens with marital assets which are located out-of-state.
  • What happens when one spouse is financially dependent on another.
  • How your health insurance may be affected by a divorce.
  • And more…

Can Property Located Out-Of-State Be Resolved In My Maryland Divorce Case?

As long as the court in Maryland has jurisdiction over your divorce case, the Court can (and will) address what happens with your marital property. This is true regardless of where the property is physically located. For example, if you and your spouse acquired property in Florida during the course of your marriage, the Court would address what happens with that property as part of the divorce. It is important to note that the critical issue is not where the property is located, but whether the property is marital property. In a divorce, the Court can only resolve each party’s marital claims to property which is marital in nature.

What Happens If My Spouse Restricts My Access to Finances During The Divorce Process?

Sometimes, in cases where a spouse is financially dependent to some degree on the other spouse, the divorce process can throw a wrench in things and make life much more difficult. This is especially true if the more financially capable spouse cuts off support to the other spouse. In that scenario, the financially dependent spouse can ask the Court to award them pendente lite alimony in order to have some level of financial support while the case is ongoing. If the parties have children together, the Court may also order that child support be paid on a pendente lite basis so that the children are receiving financial support as well.

Could A Spouse Be Required To Cover Health Insurance During Or After The Divorce?

Health insurance is often a major concern for spouses going through the divorce process. It is not uncommon for spouses to be on a shared health insurance policy. Unfortunately, it is not uncommon for one spouse to threaten to remove the other spouse from their health insurance coverage. In Maryland, the Court can issue an Order requiring one spouse to maintain the other spouse on their health insurance policy through the date of divorce.

With most health insurance plans, the eligibility for health insurance coverage terminates upon divorce. In other words, if you are covered under your spouse’s insurance, divorce is generally considered a triggering event that will result in termination of your coverage under your ex-spouse’s health insurance plan. For that reason, it is very important to make arrangements ahead of time for post-divorce insurance coverage.

Is There Anything Individuals Can Do If They Want To Protect Their Assets But Are Not Ready To File For Divorce?

Sometimes, spouses decide that they want to separate but not necessarily pursue a divorce at that time. In that case, it can still be beneficial to create a written agreement which addresses issues arising out of the marriage, including custody, alimony and the disposition of marital property. A written agreement can help bring stability, certainty and peace of mind to what can otherwise be a very stressful process. An experienced attorney can guide you through identifying what issues need to be addressed, the best way for you to address those issues and can draft a written agreement on your behalf.

What Happens If My Spouse Is Trying To Hide Or Improperly Move Assets During Our Divorce?

When a divorce becomes imminent or a divorce case has already been started, spouses will sometimes attempt to improperly move or waste marital assets. This is often done with the intent of removing the assets from the scope of the divorce, such that the assets are no longer subject to distribution with the other spouse as part of the divorce. When a spouse wastes, sells, spends or otherwise disposes of a marital asset for a purpose unrelated to the marriage, this is often referred to as “dissipation of marital assets.”

If the Court finds that one spouse improperly manipulated or dissipated marital assets, the Court will take that into consideration when deciding how the marital assets are divided. In determining the equitable distribution of such assets, the Court may look at the actions of each party and adjust its award of such assets based on each party’s conduct, including attempted dissipation of marital assets. The Court can ensure an equitable distribution of such assets through the allocation of remaining marital property as well as providing the non-dissipating spouse with a monetary award to adjust for any marital assets which the other party may have improperly disposed of.

For more information on Problems With Ex-Spouse After Divorce In MD, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (410) 650-4242 today.


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