Legal Question in Family Law in Maryland

If you are married in the state of Maryland & then separated (which was not a mutual agreement but had to leave the house because its owned solely by your spouse & he told you to get out) after 10 months of living under the same roof, are you eligible for any alimony, pension or 401k, etc. from your Husband?


Asked on 4/15/13, 8:25 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You may be entitled to alimony if you can demonstrate an inability to support yourself and a sufficient income disparity between you and your spouse. You would also be eligible for some part of his pension but it would be pretty small because of the short duration of the marriage, assuming his retirement plans have been in place for some time prior to the marriage. You could file for a limited divorce now and on the 1-yr anniversary of your departure from the marital residence, amend it to a final divorce based upon either separation or constructive desertion, meaning he forced you out. You should seek a consultation with an experienced family law attorney, and if you have limited financial means you may be entitled to see an attorney pro bono (free) or for a reduced fee through your county bar association.

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Answered on 4/15/13, 8:57 am


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