Legal Question in Family Law in Maryland

What are my rights as a homemaker/employee?

I am a homemaker and do office work for my

husband who is a contractor.

What am I entitled to if we divorce?

Thanks


Asked on 1/10/01, 6:19 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: What are my rights as a homemaker/employee?

If you divorce, your husband will continue to own his business, which I assume is currently owned by him alone. What you are entitled to will depend on a lot of individual circumstances, including the length of the marriage, the cause of the breakdown of the marriage, and a number of other factors. In the most typical case (and no divorce situation is ever exactly like any other)the court would order a relatively equal division of marital assets, but the court can not award to one party an asset which is owned or titled to the other party. Marital property is all property, real estate and personal property, which is acquired during the marriage, except through gift or inheritance from a third party. It includes things (or money) you earned, made, grew in the garden, bought, or found. Your husband's business is marital property, although it is his business. The job of the court in a contested divorce is to determine what is marital property, what is its value, and what is an equitable distribution of assets, and then, because property titled to one person can't be awarded to the other, in some cases to award one party a "monetary award" as fair compensation for that party's interest in the property owned by the other party. In your case, evidence would have to be presented regarding the value of your husband's business, and you would need to present that evidence. The judge can make a decision only based on the evidence you and your husband give him. Your problem with the business would be that It probably isn't worth as much as you might think, since the main asset of the business is probably your husband himself, and his skills. He probably owns some equipment and a business reputation, but it's hard to put a value on them, and if he left the business I expect it would cease to exist. If you do divorce, you will want a good lawyer who knows something about issues related to business property. You will need to get an expert appraisal of the business and make a case that because of your contributions to the business you are entitled to a significant part of the value in a monetary award. You might find that both you and your husband would come out best if you can reach a settlement out of court which will encourage your husband not to abandon the business and start a new one, but instead to keep it going and pay you a fair income or cash settlement. The cost of litigation in this kind of case can be enormous.

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Answered on 1/25/01, 8:59 am
Lisa Lane McDevitt McDevitt Law Office

Re: What are my rights as a homemaker/employee?

Maryland is what is known as an Equitable Distribution state. Many clients mistake this to mean that they will automatically receive 50% of the property during a divorce. This is not necessarily the case. The court must first determine what is marital property. Generally, marital property is all property acquired during the marriage. This includes property acquired through skill, effort, and labor of either husband or wife. Your husbands business will likely fall into this category of marital property. Property acquired before the marriage or by gift or inheritence is NOT marital property and, therefore, the other spouse is not entitled to share it that property. Once the court determine what property is marital property and what property is separate property the court then can divide the property in any manner it deems just and fair under the circumstances. This means that there are cases in which one spouse receives 80% of the property while the other only receives 20%. There are many factors the courts use to determine how to divide the property, including marital fault (i.e. who is leaving the marriage or who caused the breakup). In general, you are likely to receive part of the value of your husband's business. The amount you would receive depends on the specific facts of your case. You should consult with an attorney to protect your property interest. If you have any questions, please do not hesitate to cal lme at 301-652-0663.

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Answered on 1/24/01, 10:01 am


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