Legal Question in Family Law in Maryland

Re: Adulterous Retiring Husband

He has made no move towards divorce because he has no grounds for divorce (and he may not want a divorce which will require him to deal with the property issues you ask about). If you file for divorce (you are the one who has grounds for divorce) the court will determine a division of property unless you and he have worked out an agreement. You will probably receive at least fifty percent of the value of marital property, which includes all property acquired during the marriage by you or him, or the two of you together, except for property acquired by one of you by inheritance or gift from a third party. That does not mean that the judge can transfer property owned by one of you to the other, but he can consider the value of property owned by each of you and order that one pay the other a monetary award, a sum of money, to "adjust the equities" (which means to compensate one party if the other owns a disproportionate share of assets). Property includes the house, the bank accounts, the pots and pans, the vehicles, the furniture, everything of value, and it includes everything acquired by either or you while you lived together and since you separated, up to the day of divorce. It includes any pension and other retirement funds (IRA's, 401K, etc.) acquired by either of you. Social Security and equivalent retirement plans are not included, but either of you can elect to collect, at retirement, 50% of the Social Security amount received by the other (without reducing the other's payment) if it is more than what 100% of your own benefit would be. The process of presenting all of the evidence of property to the court so the judge can reach a decision is so awful, time-comsuming and expensive (attorneys' fees) that it is almost always best if you can reach an agreement out of court (which probably still requires the involvement of attorneys, but for less time and less expense). Furthermore, you will probably both be more satisfied with the result and less angry if you can negotiate an agreement. I would suggest that you file for divorce, on the ground of adultery, and then, through an attorney, suggest to your husband that you try to reach an agreement.