Legal Question in Family Law in Maryland
pension, alimony
Live in Maryland,I worked at the same job for over 20 years. Married in 1986, we seperated in 1990. Have one child 18 yrs old, she quit school 2 years ago,husband lives in NJ, does not pay child support, we never went to court for child support. Heard husband wants a divorce. Am I entitled to anything? Can I get back child support? Alimony? His Pension? He doesnt own a home, or property, but I own 2 homes, my name only. Is he entitled to any thing I own? Thanks in advance for any advice.
2 Answers from Attorneys
Re: pension, alimony
1)If you never applied for Child Support , you will not receive any at this time as she has reached her majority and child support goes back to the time you would have filed a pleading for support.
2) Since you have been living apart for so long and neither has applied for or received alimony for the whole time, it is highly unlikely that either will be able to get any alimony-unless some very special circumstances are shown
3) Regarding property: all property purchased "during" the marriage (all time since first married until final divorce) is marital property, regardless of the title (whose name is on the title of the property)unless
it is received through inheritance by one party, as a gift to one party or there is an agreement (written or verbal) that the property is to be owned by one or the other. The agreement must be written if it deals with real property (homes or land). At the divorce, unless the parties agree otherwise, all marital property is listed, given a value and divided by the Court between the parties in an equitable fashion. That means, it is not necessarily divided "equally". It means that several factors are looked at (age of parties, incomes, non-marital assets, abilities of each party to earn income etc) as well as when the property was purchased and who contributed to the ability to purchase the asset and to what extent. Thus, it is a little difficult to guess whether you would have to share your assets with your estranged husband unless the other variables mentioned are known. However, due to the fact that very little (if anything) was contributed by him in the purchase of property entitled in you, oher things being about equal, you should be able to retain most of that property.
Hope this has helped
Good Luck
Laurel Anchors
Re: pension, alimony
If you never filed for child support and there is no Order establishing his requirement to pay and the child is over 18, you will not be able to collect.
Regarding property and pensions, anything acquired during the marriage is generally considered marital property subject to equitable division, regardless of how the property is titled. There are exceptions to the rule for property acquired through gift, inheritance, or from proceeds of a sale of non-marital property.
Alimony is dependent on a number of factors including the length of the marriage, the respective incomes of the parties, etc. Given that you have been apart for so long, it would difficult to establish alimony.