Court Divides The Marital Estate Unevenly In Divorce Case

In Maryland divorce cases, the court will not necessarily divide the marital estate in half; in some cases, the court can apportion more of the marital estate to one party over the other. This is known as equitable distribution. The court divides the marital estate in accordance with what is fair. In this article, we’ll discuss a real case in which the marital estate was not divided evenly. 

Background of the case 

The aforementioned case centered on the dissolution of a long-term marriage. The couple had acquired several assets during the marriage that became part of the marital estate. These included retirement benefits. One of the issues in the case was the disparity in the financial prospects of the two parties. One had considerably more earning power than the other.

The first spouse had the opportunity to benefit from the Social Security system. They would get a steady income during their retirement period. The other spouse, however, was part of a different retirement system. It did not offer the spouse the opportunity to benefit from Social Security. There was a notable disparity in the financial prospects of both parties as well.

During the divorce hearing, the court had the responsibility of dividing the assets acquired by the couple during their marriage. Instead of dividing the estate evenly, the court gave more assets to one spouse based on the fact that one spouse did not have the ability to apply for Social Security. The other spouse appealed the decision. 

The appeal 

The unequal distribution was challenged on appeal. The appellant claimed that the trial court abused its discretion when considering the Social Security benefits, which cannot be divided during a divorce proceeding.

The Maryland Court of Appeals disagreed with that argument. The court held that even though Social Security benefits cannot be considered divisible marital assets, this does not mean that they cannot be considered when arriving at an equitable distribution. What this means is that the judge can take into consideration whether or not the couple is receiving any Social Security benefits.

The Maryland Court of Appeals held that in Maryland’s system of equitable distribution, the trial judge is given broad discretion in arriving at a fair split. The judge is given the authority to consider the economic situation of both spouses as well as their future earning potential and financial resources. Given the clear difference in the economic situation of the couple with regard to Social Security benefits, the unequal distribution is justified. 

Talk to a Bel Air, MD, Divorce Lawyer Today 

Schlaich & Thompson, Chartered, represents the interests of Maryland residents during their divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

casemine.com/judgement/us/5914acacadd7b0493473ea0c