Even though divorce rates are slowly decreasing over time, Americans see a rise in “grey divorce,” or divorce amongst baby boomers or older generations. With the increase of grey divorce, more mature couples consider how divorce affects personal property, especially retirement accounts.
Differences between legal and trial separation
When a Maryland couple is having trouble in their marriage, they may go through a trial or legal separation before deciding if they want to divorce. While a trial separation is considered by the law to be no different than simply being married, a legal separation is another matter. A legal separation is not as binding or permanent as a divorce, but the matters of child support, property division and spousal maintenance may come up.
How is property divided in Maryland?
Any property that spouses obtain during their marriage becomes marital property, no matter whose name is on it. This means that a car with only one spouse's name on it is considered jointly owned and subject to property division if the spouses divorce. During a divorce, if spouses cannot come to their own agreement regarding property division, the court will make the decision for them.
Maryland separation agreements
In Maryland, the law allows married couples who do not believe they will be able to reconcile to enter into separation agreements. Such agreements can be oral or in writing, and they can later be used as evidence supporting grounds for a requested divorce by either or both parties.
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Adultery may not matter in divorce
You may be full of very strong emotions as you head into your divorce proceedings. Maybe your spouse cheated on you, spent all your money, or engaged in some other hurtful act that has left you bitter and angry. Even though you may have these strong feelings, it is important to realize that Maryland and other states have all but done away with the concept of "blame" during a divorce. If your spouse cheated on you, it will have little bearing on the outcome of your divorce case.
