Legal Question in Family Law in Maryland

Legal Separation after 30 Years

After 30 years of marriage, my wife wants a legal separation, presumably on the grounds of mental cruelty. I have never threatened her or raised a hand to her. She is a recovering alcoholic (in AA for 11 years) and believes that because I drink I am a threat. She has left the home, retained an attorney and is asking for half of my pension, our home equity, and all other assets. My question: if I am required to provide continuing financial support to her, can I request equal support from her in line with her abilities, such as normal houskeeping tasks?


Asked on 7/01/00, 10:32 pm

2 Answers from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Legal Separation after 30 Years

You certainly cannot receive houskeeping services from you. I would, however, strongly advise you to acquire your own counsel to protect your home equity and pension from an unfair distribution.

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Answered on 9/05/00, 9:42 pm
Carolyn Press Chung & Press. P.C.

Re: Legal Separation after 30 Years

What your wife is asking for, and what she is entitled to, is a division of marital assets, not continuing support from you. Marital assets include everything you and/or she have acquired during your marriage, which includes your home equity and your pension, automobiles, bank accounts, gifts to each other, and all other assets except those acquired by one of you by gift or inheritance from a third party. If she is asking for continuing support in addition to a division of assets, that is alimony. Generally alimony is only ordered by the court in rare circumstances where a wife (or husband) is unable to be self-supporting because of age, ill health, or a lack of job skills. Your question doesn't indicate whether your wife has been employed outside of your home during your marriage, or whether she is able to support herself. But in any case she will not be expected to provide you with housekeeping services, or any other kind of services, after a separation or divorce. Your question does not make it clear whether your wife's attorney is suggesting that you sign a separation and property settlement agreement or whether your wife has filed for a limited divorce, which is a legal separation ordered by the court. If a separation agreement has been proposed, I would suggest you retain a lawyer to read it over and advise you on whether the division of assets is equitable and in accordance with the law. If she has filed for a divorce, I would strongly advise you to retain a lawyer to represent you.

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Answered on 9/06/00, 4:40 pm


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