Legal Question in Family Law in Maryland

Re: Marital assets spent on other woman

Yes. If you can show that the funds used to purchase these gifts were marital property and not separate property then the entire cost of those gifts will be added back into the marital estate to be divided between the two of you. As you can see by this explanation, if marital funds were used, the marital estate is credited with the entire amount of the gift, not just 50% as you eluded to in your question. Now, how the marital estate is distributed between the two of you can be any amount the judge deems fair and appropriate under the circumstances or the amount the two of you agree to during negotiation. Therefore, you could receive more than 50% of the marital estate.

However, if the gifts were purchased with separate property (i.e. funds from inheritance, funds/property acquired prior to the marriage, or a gift your husband received during the marriage) then the marital estate would have no recourse, i.e. no claim.

If you have any questions just call my office at 301-652-0663 and good luck.