A common question that we get asked early in the divorce process is: Is Maryland a 50/50 divorce state? While the question seems straightforward, the truth is that the term “50/50 divorce” requires clarification. Ultimately, the answer depends upon which issue we’re referring to: child custody or property division. Issue #1: Child Custody One area…
In October 2015, Maryland introduced a new grounds for divorce: Mutual Consent. Under the 2015 law, couples without minor children in common became eligible to get a mutual consent divorce, enabling them to skip the 12-month separation period previously required to obtain an contested divorce in Maryland, as long as the couple was able to…
Under Maryland law, retirement plans are considered marital property while Social Security benefits are considered non-contractual benefits and thus non-marital property. Previously, Social Security benefits could not be distributed or assigned in a divorce proceeding but could be utilized to pay child support and alimony. In Jackson v. Sollie, a trial judge of the Circuit…
When filing for a divorce in Maryland, decisions are made regarding the fundamentals: marital property, alimony, and—if there is at least one minor child—custody and child support. Resolution of these issues is required no matter who you are, where you live, or how much money you make. But your personal wealth could become a major…
How Are Retirement Plans Divided in a Divorce Case? One of the largest assets to be divided between divorcing spouses [both genders] is often the retirement plans/ benefits or one or both spouses. Judges may order that the “marital” portion of such retirement benefits be divided between the divorcing spouses and paid, even years in…
