Divorce is a complex journey, intertwining emotions with financial arrangements. In Maryland, the rules about divorce, sharing property, and alimony have evolved. Beginning October 1, 2023, Maryland is transitioning to a “no-fault” grounds state. Meaning fault will not be considered when granting a divorce. However, fault can be taken into account for the division of property and alimony. This post breaks down these changes to help you understand what they mean. For more information on the grounds for divorce after October 1, 2023, check out the post: Upcoming Changes to Divorce Grounds.
The Role of Fault in Sharing Marital Property
In the past, Maryland primarily made decisions about granting a divorce based on the fault of the parties and the parties’ marital agreements. But on October 1, 2023, things will change. Maryland will no longer require you to prove things like adultery or cruelty to grant a divorce.
Maryland follows the rules of “equitable distribution,” for property division in divorce. This means splitting things up in a fair way. This involves looking at:
- Contributions: What each person brought to the marriage financially and non-financially.
- Length of Marriage: How long you were married and how that affects your finances.
- Kids: Who takes care of any children you have together?
- Money: What your finances looked like when you separated.
- Health and Age: How the current health of you and your spouse is expected to continue after your divorce.
Understanding Alimony in Maryland Divorces
Alimony, also called spousal support, is money that one spouse might have to pay the other after divorce. The upcoming divorce changes after October 1, 2023, also affect alimony.
Maryland Family Law rules look at a few things when determining alimony:
- Financial Needs: How much money the person getting alimony needs, based on their expenses and how they lived during the marriage.
- Paying Ability: How much the person paying alimony can afford, while still caring for themselves.
- How Long: How long alimony should be paid? It could be a little while or a long time, depending on the situation.
- Contributions: What each person did for the marriage, both financially and otherwise.
- Mistakes: Although fault isn’t the primary focus, it can still be considered when determining alimony.
Wrapping It Up
Maryland’s divorce rules will make great changes on October 1, 2023. The new rules are more focused on equitable distribution and fairness. They look at what each spouse brought into the marriage, how long they were married, who takes care of the kids, money matters, and the parties’ health. Alimony also follows equity guidelines, considering financial needs, paying ability, how long alimony is needed, spousal contributions, and fault before separation.
If you’re dealing with a divorce in Maryland, it’s crucial to know about these changes. Getting legal advice can make sure your rights are protected while you navigate this process. Schedule an appointment to discuss your options today!
