Legal Question in Family Law in Maryland

My husband and I are separated. He has moved out of the house. He currently pays 1/2 of the mortgage as well 1/2 of the second morgage and I pay 1/2 of both as well to make up the monthly mortgage AND heloc payments. He is agreeing to do this since he wants his share of the proceeds from the sale of the house when it is sold - it's not sold yet, not even on the market yet, he wants to put it up for sale in the spring. My question is this - he wants to deduct my portion of my health care premium (I am on his health care plan) as well as my portion of the second mortgage out of his monthly mortgage payment to me. Is this legal? Would it reduce his final payout from the proceeds of the house when the house is sold as he is not directly paying the money to the mortgage payment for the house? He is going to start his deduction from the mortgage and heloc ASAP. Thank you so much for your assistance.


Asked on 12/07/09, 1:00 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

First of all, until you are divorced you can still file a married joint return, which is usually advantageous over filing married separately. When I negotiate a separation agreement I always strive to put this provision in the agreement. Second, he can only deduct health care premiums if he is self-employed, but if that's the case and he is paying the premiums through his business, he can take this deduction. As for the mortgage payments, there is no reason why he should be able to deduct any more than he is actually paying. When the house is sold, you will have to agree upon the division of any proceeds. You really need to consult a family attorney for the purpose of having a separation agreement negotiated and finalized. It will save you a lot of time, stress and money down the road once someone files for divorce.

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Answered on 12/14/09, 6:32 am


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