Legal Question in Family Law in Maryland

division of assets and property in case of divorce after 30 years marriage

what are my legal rights in a divorce after 30 years of marriage?and how are the property and monies accumulated during the marriage divided


Asked on 1/24/08, 12:24 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: division of assets and property in case of divorce after 30 years marriage

Given the length of your marriage, it is likely that virtually all of the property you and your spouse own is marital in the eyes of the law. The only exceptions would be gifts either of you received, or property you obtained through inheritance. Marital property is divided up by the court in a divorce, unless the parties can come to an agreement about it between themselves, which is always better in the long run. This includes retirement assets that accrued during the marriage. That does not necessarily mean a 50/50 split, although the judge starts from the point. A judge has a lot of discretion and can take into account the parties' respective ability to support themselves after divorce in deciding how to divided up marital assets. If you have real estate, retirement assets, or other assets of any significant value, you will be making a major mistake if you don't seek the assistance of an experienced family attorney to help you through this process.

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Answered on 1/24/08, 9:14 am


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