Uneven Division Of Marital Assets In Maryland Divorce

The division of marital assets can be among the most difficult parts of divorce proceedings. Under the law in Maryland, the rule of equitable distribution governs the process, which implies that the court divides property in a fair way, but this does not necessarily mean equally. In this article, the Maryland divorce attorneys at Schlaich & Thompson, Chartered, will discuss a real Maryland family law case in which the marital estate was not divided evenly. 

Background of the case

In the aforementioned case, the court granted a divorce between the husband and the wife. The division of marital property was among the key issues the court had to address. In Maryland, there is a step-by-step procedure for deciding the distribution of marital property.

First, it is necessary to determine which assets belong to the marital estate. Marital property generally refers to assets that were acquired during the marriage, regardless of whose name they are registered under. It is then incumbent on the court to establish the value of those properties. The last stage is deciding whether a monetary award ought to be made to achieve a balanced distribution of marital property.

In this case, the circuit court listed certain assets and awarded a monetary award, which resulted in the uneven distribution of marital property. One spouse received more of the marital estate than the other. The court considered the statutory factors and the economic status of each party and their contributions to the marriage.

The other spouse challenged the circuit court’s decision since it failed to list all marital assets and value them before issuing the monetary award. 

The appeal 

During the appeals process, the Maryland Appellate Court determined if the Maryland circuit court used the proper framework when dividing the marital property. It is mandatory for the Maryland circuit court to conduct a three-step evaluation prior to giving the monetary award.

First, the court must determine which properties were qualified to be classified as marital properties. Second, it is also required for the court to estimate the value of all the marital properties. Once these steps have been completed by the court, only then can it render judgment as to whether a monetary award is needed to equalize the distribution of property.

According to the court, the circuit court was unable to complete all these steps before issuing the monetary award. Certain assets were neither identified or valuated. Thus, since the steps were not completed, the appellate court could not decide whether a just division of property had taken place.

For that reason, the Appellate Court annulled the monetary award and directed the circuit court to re-hear the case after identifying and evaluating the marital properties. 

Talk to a Bel Air, MD, Family Law Attorney Today 

Schlaich & Thompson, Chartered, represent the interests of Bel Air, MD, residents who are preparing for divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your case right away.

Source:

law.justia.com/cases/maryland/court-of-special-appeals/2025/1787-24.html