Legal Question in Family Law in Maryland

Can I expect any loss of my assets?

After 33 yrs, I discovered my husband had another relationship. He makes over $200/yr, I, but only recently, average $50/yr. I have paid all of the expenses for the college of our 5 children, plus "bailed" him out financially several times over the years. Retirement saving was my sole responsibility. Almost all of my income (earned thru working 72+hr/week) has gone into the children and saving for our retirement. Can he claim this nest (very small)egg? Can I expect any support from him after divorce?

How do I protect myself from his financial obligations?


Asked on 7/13/00, 9:03 am

3 Answers from Attorneys

Olivier Long Law Office of Olivier Denier Long

Re: Can I expect any loss of my assets?

This is a major divorce case, based on length of marriage, marital fault, and the large difference in incomes. All the factors you mention may be raised.

Make sure you retain an attorney with significant experience in family law.

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Answered on 9/09/00, 9:59 am
Carolyn Press Chung & Press. P.C.

Re: Can I expect any loss of my assets?

If you file for divorce and a settlement is not reached out of court, the judge will take into consideration a lot of factors, including the reason for the divorce, the incomes and income potential of each party, and the contributions each has made to the family during the marriage (including the payment of children's college expenses) in ordering a distribution of family assets through a monetary award. Your husband would normally be entitled to a part of your savings, which are "marital property," and you would be entitled to a share of any assets he has accumulated during your marriage. It isn't always a fifty/fifty division. And if your income is what the law calls "unconscionably disparate" from his, there could be an award of alimony if the judge finds the specific facts of the case call for it. What might be the outcome in the court depends very much on the specific facts of your case.

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Answered on 9/08/00, 6:22 pm
Jac Knust Law Offices of Jac E. Knust

Re: Can I expect any loss of my assets?

All property acquired during your marriage is marital property, subject a marital award by the court after numerous factors are considered. A marital award could be any amount of money and may or may not result in an equal adjustment of property owned by the parties. This is true regardless of who "owns" the property. Excludible from marital property are assets acquired before the marriage, by gift or inheritance, or excluded by valid written agreement. The court will consider why the marriage broke up,e.g. infidelity of a spouse. The court will consider contributions of the parties to the marriage, e.g. sacrificing a career to raise children and contributing monetarily and emotionally to their well being and rearing.Some of the factors considered by the court in awarding alimony are: lenghth of the marriage and big difference in income. You generally cannot be held liable for the individual debts of a spouse. If you have joint credit cards or other joint lines of credit, you should consider terminating them immediately because you could end up being solely responsible for that debt. Your situation presents complex legal issues that should be addressed by an experienced attorney.

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Answered on 9/09/00, 10:29 pm


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