Legal Question in Family Law in Maryland

Re: Asset distribution based on adultery and desertion.

The adultery of one spouse is one thing the judge considers, along with a number of other facts, in reaaching a decision about property in a divorce.

Property issues can be very complicated, but in general the judge must determine, based on the evidence presented in court, the identity and value of "marital property," which is anything acquired by either or both parties during the marriage, except assets acquired by gift or inheritance from a third party. The judge cannot change the title to anything which is titled to one or both parties, such as motor vehicles and real estate, or anything such as a business which is owned by one party (One exception is pensions and retirement accounts,which are titled to one party. The judge can order that a part of the pension or retirement account, to the extent that it was acquired during the marriage, be transferred to the other party). But the judge will consider the value of all marital property and how much of that property belongs to each party, and can order that one party pay the other a sum of money to "adjust the equities," which means to make the division of property fair based on the behavior of each party in the marriage, the contributions of each party to the family, both financially and in other ways, the fault of either party which leads to the end of the marriage (which would incude adultery, abusive behavior, etc.)and any other factor the judge thinks is relevant. The judge will not take away from one party, and give to the other party, property which clearly belongs to one party alone, but he may order a payment of money.

Re: Asset distribution based on adultery and desertion.

The party would not be entitled to any separate property of the other spouse even if they had not commited adultery. When dividing marital property the court can consider the adultery or desertion and decide to give the innocent party a bigger share, but it really depends on the facts of your case the, truthfully, the judge. If you have any questions, please do not hesitate to call me at 301-652-0663 or 703-968-3974.