2024 What Is a Wife Entitled to in a Divorce in Maryland?

No one wants to imagine their marriage ending in divorce, but people and circumstances can change, and it’s sometimes in everybody’s interest to dissolve the partnership. If this happens, you might find it difficult to compromise about who gets what and understand who is entitled to what. Understanding your rights and your partner’s rights can help make your divorce smoother.

How Does a Divorce Work in Maryland?

The process of getting a divorce will vary depending on what state you are in. If you’re getting a divorce in Maryland, you should be aware of its unique process. You can get either a limited divorce or an absolute divorce. 

• Limited Divorce: If you get a limited divorce in Maryland, you are legally separating, but you are not officially divorced and cannot legally remarry. You might consider pursuing this type of divorce if the grounds for an absolute kind are not yet met, but you want to separate from your spouse.
• Absolute Divorce: If you want to officially dissolve your marriage, you will pursue an absolute divorce in Maryland. To get an absolute divorce, you will need to have lived apart from your partner for at least two years, or there needs to be mutual consent, adultery, desertion, insanity, or separation for at least one full year and no intent of reconciliation.

Filing for divorce is a complicated process, especially if you think that you and your partner will not be able to agree on who gets what or if children under the age of 18 are involved. Discussing your legal options with a divorce lawyer is a good way to get started.

What Is a Wife Entitled To?

When you go through a divorce in Maryland, assets must be divided in a fair manner. The court will not just automatically divide everything you own in half because this might give one party an unfair financial advantage over the other person. The fairness of the division is determined by the financial situation of each partner. This means that what you are entitled to in terms of property and payments from your other partner depends on a wide variety of factors.

In many cases, one partner might be entitled to spousal support, which consists of monetary payments made to support the other person. Also frequently called alimony, this support can be rehabilitative, which means that it is temporary until a certain date when the person receiving it can be financially self-sufficient, or indefinite. You can only modify these payments if something significant changes in your life, like losing a job or getting a new, higher-paying one. They only end without modification if you or your former spouse pass away or get remarried.

When the judge decides who pays the other person spousal support, and how much and for how long, they take into account the following factors: 

• Your ages
• How long you two were married for
• Your jobs and how your salaries compare
• What both of you contributed to the marriage
• If one or both of you have physical and mental health issues
• If one of you is near retirement

Who gets what in your divorce will entirely depend on the specific situations that you and your spouse have. For example, if you paid for your partner during the marriage so they could pursue an interest or a degree, you might be entitled to payments afterward. Consulting with a spousal support lawyer is the right way to understand what you and your partner might be in for in terms of alimony.

Who Gets Custody of the Kids?

One of the most complicated parts of a divorce is often determining child custody. If you and your spouse had children, you might be able to work out a child custody agreement on your own, but this can understandably be tough. If your case becomes a contested divorce, the court will consider: 

• What your child wants
• What your and your partner’s relationships are like with the child
• Where you and your partner will live
• How able you are to care for the child compared to your partner

FAQs About What Is a Wife Entitled to in a Divorce in Maryland

Is a Wife Entitled to Half of Everything in Maryland?

A wife is not automatically entitled to half of everything in Maryland. The state of Maryland has the principle of equitable distribution for divorce, which means that property must be split equitably. The court will do everything it can to make sure that things are split fairly and no one is left unable to support themselves.

Is Spousal Support Mandatory in Maryland?

Spousal support is not mandatory in Maryland, but judges sometimes require it, depending on the unique circumstances of the couple. The judge will aim to make your divorce as equitable as possible. Sometimes, this means that they require alimony payments to be provided to one spouse, either temporarily or indefinitely.

How Is a House Split in a Divorce in Maryland?

Deciding how to divide property during a divorce in Maryland can be quite complicated. The court’s focus will be the equitable distribution of assets, so marital property is not always split equally in half. A judge will take into account a lot of details, like:

• How long you were married
• The name on the mortgage
• The spouse who has the finances to maintain the house
• If the house is going to be sold

This means that your partner is not necessarily entitled to half the house. What happens to it will depend on your unique financial situation.

How Do I Protect My Assets From Divorce in Maryland?

If you want to protect your assets during a divorce in Maryland, you will need a strong legal strategy. If you drew up a prenup with a lawyer before you got married or a postnup during your marriage, you will already have some level of protection. If not, you should contact a divorce lawyer for guidance on how to get the most effective outcome for you and your assets while dissolving your marriage.

Consult the Law Offices of Todd K. Mohink, PA, for More Information

At the Law Offices of Todd K. Mohink, PA, we understand what an emotionally overwhelming time that divorce can be. We also know how confusing all the legal rules and regulations involved in dissolving your marriage in Maryland can be. Get in touch with us today for support and guidance with all your divorce or family law needs.