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With a few important exceptions, all the property acquired during a marriage is considered marital property. Marital property normally includes such things as houses, cars, furniture, appliances, stocks, bonds, jewelry, bank accounts, pensions, retirement plans, and IRAs.
The court will consider a long list of factors in deciding if you or your spouse should get alimony. These factors include: length of your marriage; your financial situation during the marriage, now and in the future; your age, physical and mental health; and the reasons for the divorce.
There is no specific threshold for the length of a marriage that results in a 401(k) being divided equally. However, you will only get a share of the 401(k) contributions made during the marriage, since contributions made before marriage are considered separate properties of the spouse.
If you divorce after ten years or more of marriage, either spouse can claim benefits based on the earnings of the other. These spousal benefits are generally half of the employees benefits. In order for you to qualify, your former spouse must be at least 62 years of age.
Before filing for divorce, the spouses must have lived separate and apart without cohabitation (living together or having sexual relations) for 12 months without interruption.
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All property obtained during the course of the marriage is marital property, regardless of who paid for it. The exception to this general rule is property received by one spouse as a gift, inheritance from a third party, or excluded by a valid agreement.
The spouse that deserted the marital home has been out of the marital home for more than twelve months. The spouse that left the marital home did so without justification. The spouse who remains in the home did not consent to the other spouse leaving the marital home. The parties have no hope of reconciliation.
No, Maryland is not a community property state. It is an equitable distribution state. Unlike community property, equitable does not mean equal. Equitable is defined as fair and just under the facts of the particular case. Therefore, the Court has discretion to evaluate each partys needs and entitlements.
Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. Its therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.
Under Maryland law, married people are financially responsible for each other - the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. It doesnt stop simply because the couple separates.

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