Legal Question in Family Law in Maryland
Paying for spouses rent while separated
During our separation (which will be a year July 31) I paid for my husbands rent and also my own for 8 months until my funds were gone. He does not have a job and has a substance abuse problem so if I didn't pay it he would have been homeless. The money that I paid for his rent, can I get that back? He is currently receiving disability checks. What can I do to get my money back?
2 Answers from Attorneys
Re: Paying for spouses rent while separated
If there are any marital assets (jointly owned property or bank accounts), you could, as part of a divorce action, ask the court to reimburse you out of his share of those assets. If there are no such assets, I don't know where you would expect to be reimbursed from. If his disability checks are from Social Security, you can't tap into that. If he ever has earned income, that might be a source.
Re: Paying for spouses rent while separated
As part of the action for divorce, you could request to be reimbursed out of any marital assets that exist. Please understand that marital debt will also be part of the judicial analysis.
Alternatively you could seek a separation agreement to resolve these matters. A properly drafted and enforceable separation agreement provides you with a means to address the issues without leaving them to be resolved by a judge. This approach tends to eliminate the chance that a judge may not find in your behalf.
You should contact an attorney. I am available at (410) 799-9002 or by e-mail.
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