Determining an Equitable Distribution in Frederick

Divorce can be a stressful process, and dividing marital property adds to the complexities of a case. Under state law, the Court uses the principle of equitable distribution to divide assets and debts between divorcing spouses. What is equitable distribution, and how will it affect you? Our divorce attorneys can explain that the answer lies in the distinction between marital and separate assets and in how property falls within each category.

If you are going through a divorce, the experienced lawyers at Rolle & DeLorenzo can help you understand the process of determining an equitable distribution in Frederick and work toward a favorable outcome for your financial future.

Differences Between Marital Property and Non-Marital Property

Equitable distribution of marital property in Frederick starts with identifying what is marital and what is not. Marital property is property acquired by either spouse between the date of marriage and the date of divorce. It typically includes:

• Real estate
• Bank accounts/retirement accounts
• Vehicles
• Appliances
• Furniture
• Household goods
• Pets
• Collectibles

Marital property often also includes stocks and bonds, investment accounts, pensions, and retirement accounts.

Non-marital, or separate, property is that which a spouse acquired before marriage. It can also include inheritances or gifts from third parties to a specific spouse. Other items might also remain non-marital if a spouse can clearly trace their source.

Complications arise when marital property is commingled with non-marital property. For example, a non-marital business property owned by one spouse before marriage can become marital if they use marital funds toward the business or if the other spouse contributes meaningfully toward the business.

Disagreements over what is marital and what is separate can make equitable distribution difficult during the divorce process. In these situations, you should work with seasoned divorce attorneys who have experience handling the equitable distribution of property.

What Is Equitable Distribution?

Maryland Code Family Law § 8-205 sets the legal basis for equitable distribution. This section of the law explains the guidelines a Court must follow when dividing marital property during a divorce. The Court’s main goal is to reach a fair and reasonable distribution of assets and liabilities, considering the facts and details of each case. The Court considers several factors when deciding on the just division of assets in a Frederick divorce case, including:

• Length of the marriage: Longer marriages can lead to a complex division of property, including pensions, retirement accounts, other financial holdings, and substantial debt in some situations
• Contributions of the spouses: Courts consider financial contributions to the marriage and non-financial contributions, such as child-rearing and homemaking
• Economic circumstances of the spouses: Courts review the incomes, earning capacities, and financial resources of both parties to ensure the division will not unfairly disadvantage one spouse, and they may consider spousal support (alimony) in the overall property distribution
• The age and health of each spouse: Courts can also consider these physical conditions when deciding upon the equitable distribution of assets and debts
• Misconduct by either spouse: In some situations, misconduct during the marriage or dissipation of marital assets without the other spouse’s knowledge may be part of the equitable distribution analysis

These and other factors could impact the division of property in your case. Our knowledgeable lawyers can review the facts of your case and work toward a favorable outcome.

Contact a Frederick Attorney for Help Determining a Fair Division of Your Marital Property

Divorce has lasting impacts on the finances of both parties involved. Determining an equitable distribution in Frederick requires a careful review of the facts involved and vigorous legal advocacy on your behalf. The divorce attorneys at Rolle & DeLorenzo are here to help you get started. Contact us today to learn more.