Legal Question in Family Law in Maryland

Asset grab throuh divorce

Wife has no money or assets but does have good education and has worked in the past. I pay for everything including her own car, insurance etc. etc. She lives very comfortable life and she gets decent monthly cash allowance for her use only. Basically she gets every spare penny after I pay all household expenses. Question, she wants divorce in order to gain access to half my assets so she can spend at her discretion. There is no abuse whatsoever on my part. She's away most weekends with no word and we have 2 teenage kids. Can she get some kind of order that would force me to give her access to assets (everything is in my name). She wants cash to make investments with her family overseas. Can she force me to pay her legal bills? We have been married and living in the same house for 16 years. There has been no seperation. While not perfect situation I don't think we can afford divorce and I am not ready to simply settle. What can she do?


Asked on 2/25/08, 5:37 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Asset grab throuh divorce

Neither of you can apply for a final divorce unless you are physically separated for at least 1 year by agreement, or 2 years without agreement. Either of you could apply for a temporary/limited divorce based on a short-term separation or on constructive desertion grounds if you are living in separate quarters albeit in the same house and are not engaging in any elements of a marital relationship at this time. As part of the divorce, the court would distribute marital assets, defined as any assets acquired during the marriage except by gift or inheritance or derived from same. She can ask for alimony but if she is capable of working and declines to do so it's not likely to be granted unless there would be a large income disparity between what you earn and what she could earn based on her education, training and experience. She would be required to support the children until they finish high school if they are living with you.

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Answered on 2/26/08, 11:52 am


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