Category: marital assets

Under Maryland divorce law, all marital property is subject to an equitable division when the couple divorces. One question that occasionally arises with high net worth divorces is whether the appreciation in the value of separately held assets can be considered marital property. Assume, for example, that, before being married, one spouse owned $50,000 in… Continue reading Maryland High Net Worth Divorces: Is An Appreciation in Value of Separate Property Deemed Marital Property Subject to Division?

In both Maryland and the District of Columbia, when a couple divorces, their assets must be “equitably” divided. This legal principle applies to any small businesses owned by one spouse or the other and to any ownership interest in a small business. For this article, we will assume the small business is a marital asset.… Continue reading Maryland and DC Divorces: What About My Small Business?

Generally speaking, in Maryland divorce proceedings, the spouses are required to divide all marital assets. Typically, the division must be “equal,” but there are circumstances where the division can be “somewhat” less than equal (particularly if the couple is in agreement). Because many life insurance policies – like a whole life or universal life policy… Continue reading What About Life Insurance In a Maryland Divorce?

In simple terms, Maryland divorce law distinguishes “marital” and “non-marital” property. Property owned by one spouse or the other before the marriage is considered “non-marital.” When a divorce happens, the non-marital property and assets remain with the spouse that originally owned them. Other non-marital property includes inheritances and gifts from some third party (that is,… Continue reading Dividing Retirement Accounts in a Maryland Divorce

With the financial and emotional toll that divorce can take, issues such as retirement provision can seem like only one of many issues that require your attention. However, it is vital to ask yourself the questions of “What happens to my 401K when I divorce?” and “What happens to my IRA in a divorce?” otherwise… Continue reading Are My 401(k) And IRA Subject To Division During A Divorce?

Did you know that there are some retirement assets such as 401Ks, 403Bs, and qualified plans that aren’t automatically divided during a divorce? What this means is you could end up significantly losing out if you don’t act now and apply for a QDRO to ensure your interests are protected. Fortunately, you can read all… Continue reading What Is A QDRO? And How Does A QDRO Work In A Divorce?