Legal Question in Family Law in Maryland

Wife & I are separated. Part of dispute is my pre-marital assets (being contested). Court date is near, but for past 9 mos she "froze" all liquid marital assets .....leaving too little (my) income to pay necessary living expenses. Our combined incomes are sufficient to cover expenses, but she isn't sharing hers. is this legal .....freeze assets w/o cause, then refuse to contribute to marital expenses (e.g. mortgage, utilities, groceries, insurance, etc)? I contribute 100% of my income (she doesn't). Since her income is currently higher, she says I should be contributing pre-marital assets. I disagree & contend she is "dissipating" assets/income intentionally -- causing us to get behind on mortgage, utilities, etc. My attorney suggests not using pre-marital $ until courts have ruled. If I do, the assets may be construed as co-mingled. Used in the normal course of paying bills & therefore half hers.


Asked on 5/22/14, 6:22 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

I respectfully disagree with your attorney's characterization of premarital assets. Such assets are not subject to distribution by the court as part of a divorce proceeding, as I assume they have advised you. The fact that you were, out of economic necessity, obliged to spend these assets to cover your living expenses would not change this characterization. If your wife is dissipating marital assets on non-necessities, the court can take that into account in dividing up remaining assets. Your attorney could also seek a pendente lite order to free up marital assets that she is controlling, as well as an order obligating her to contribute to the upkeep of property (mortgage, insurance, etc.) during the litigation.

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Answered on 5/26/14, 7:14 am


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