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Let’s face it – the divorce process can leave you feeling stressed, confused and overwhelmed. There is a lot at stake when going through a divorce including your property, finances and even your children. One of the most powerful ways to conquer the stress and confusion of the divorce process is to have clarity about what the process entails. Below, we answer some of the questions we hear most often from clients navigating divorce in Maryland, particularly when business interests, real estate, retirement accounts, and other complex assets are involved.
There are three grounds for divorce: mutual consent, six-month separation, or irreconcilable differences. Mutual consent allows spouses to divorce without any separation period if they have signed a written settlement agreement resolving all issues arising out of their marriage, including marital property, alimony, as well as any custody and support issues.
Note that as of October 2023, Maryland has removed fault-based grounds such as adultery and desertion. However, while fault-based grounds for divorce have been eliminated, the circumstances surrounding the breakdown of the marriage may still heavily influence the outcome of your case. The Court will consider these circumstances when deciding the distribution of marital property and custody if the circumstances contributing to the breakdown of the marriage involved the children.
Marital property in Maryland is divided according to the principle of equitable distribution. This means that marital property is divided in a manner that the Court deems to be “fair” or equitable; note, an equitable distribution of property does not necessarily equate to an equal distribution of property. To determine an equitable distribution of marital property, the Court considers a number of different factors (https://www.greenberglegalgroup.com/division-of-marital-property-maryland/) such as each spouse’s contributions to the marriage, economic circumstances, and the length of the marriage. The list of factors which the Court considers in dividing marital property is set forth in Md. Code Ann., Fam. Law § 8-205. Only marital property — generally assets acquired during the marriage — is subject to division; separate or inherited property typically remains with the spouse who owns it, though tracing can become complicated in cases with longer marriages or complex asset structures.
It depends. Maryland courts may award alimony based on factors including the standard of living established during the marriage, each spouse’s income and earning capacity, and the duration of the marriage. The full list of factors that the Court considers when determining alimony is set forth in Md. Code Ann., Fam. Law § 11-106. The Court is not required to award alimony or spousal support to either party and will do so only in cases where the Court deems such an award to be appropriate.
Much like any other property acquired or developed during the marriage, businesses are considered a form of marital property. Since marital property generally includes anything acquired during the marriage, regardless of whose name is on the title, a business interest can be classified as marital property even if only one spouse actively runs it or holds an ownership stake. This is true even for a business founded before the marriage: if the business grew in value during the marriage, the increase may be treated as marital property subject to division, while the pre-marital baseline value often remains that spouse’s separate property.
Determining the value of a business can be a complex venture requiring expert analysis and opinion. This exercise can become even more complicated when dealing with mixed marital and non-marital business interests, such as in the case of a business which was established before the marriage but grew during the marriage. In these cases, it is critical that you and your attorney work together to establish a clear strategy for how to assess your business interests.
Maryland courts decide custody based on the best interests of the child, considering factors such as each parent’s fitness, the child’s relationship with each parent, and the ability of the parents to communicate. The full list of factors (https://www.greenberglegalgroup.com/maryland-child-custody-factors/) that the Court considers in deciding custody is set forth in Maryland Code, Family Law § 9-201.
Child support is calculated using the Maryland Child Support Guidelines. The Child Support Guidelines include several different factors, including each party’s income, share of overnights with the children and work-related childcare expenses. An experienced family law attorney can help run sample Child Support Guidelines based on your specific circumstances.
At Greenberg Legal Group, we represent clients in complex divorce matters throughout Maryland. Our attorneys understand the high stakes of divorce and are committed to protecting our clients’ interests at every stage — from the initial assessment of the marital estate through negotiation, litigation, and final resolution.
If you are facing divorce or have questions about how Maryland law applies to your specific circumstances, we encourage you to contact our office to speak with one of our attorneys.
Annapolis and Columbia, Maryland
(410) 237-6558 | greenberglegalgroup.com
DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every family law matter is unique, and the outcome of any case depends on the specific facts and circumstances involved. If you have legal questions about your situation, please consult with a qualified Maryland family law attorney.
