Maryland recognizes equitable division of marital property. This means that your marital estate should be divided fairly. This does not mean that your estate must be divided equally. Therefore, there’s room to argue for a larger share of the marital estate, thereby more strongly positioning yourself heading into the next chapter of your life.
Yet, unless you and your spouse can negotiate a divorce settlement that you think is in your best interests, the burden is on you to build a persuasive case that you can present to the judge, hopefully convincing them that you deserve what you’re requesting.
But figuring out how to tailor your arguments to property division concerns can be tricky, especially if you’ve never been involved in the divorce legal process before. But don’t worry. By educating yourself on some of the factors applicable to a property division determination, you can better think through how to craft the compelling arguments needed to be successful.
How can you argue for a larger share of the marital estate?
When the court considers property division in your case, it’s going to analyze several factors. This includes:
- Each spouse’s financial positioning: Remember, the court wants to find an outcome that’s fair. So, if you can demonstrate that your spouse is going to be well-off while you’re left struggling, then you’ll have a stronger argument to secure a greater portion of the marital estate. So, aggressively use the discovery process to figure out your spouse’s income and the extent of their assets so that you can use that information to your advantage.
- The contributions made during the marriage: The sacrifices that you and your spouse made for the sake of your marriage is also going to be given considerable attention in your property division dispute. For example, if you gave up your career to care for your children or to if you kept working to help pay for your spouse’s education, then you might be better positioned to argue for more of the marital estate in addition to spousal support. Keep in mind, too, that financial and non-financial contributions will be taken into account.
- The value of all marital assets: Your marital estate includes more than just money in the bank. The family home, personal property and even a family business can be included. To ensure you get your fair share of the marital estate, you must have a proper understanding of these assets’ value. So, seek professional valuations and use them to your advantage considering other circumstances in your divorce, such as spousal support obligations or childcare responsibilities.
- Marital misconduct: Wrongdoing in your marriage isn’t going to be a determinative factor in your property division dispute, but it can play a role in the court’s ultimate decision. This is especially true if the wrongdoing had a financial component to it, such as if your spouse used marital assets to support an affair with someone else.
Zealously advocate for the marital property you need and deserve
You only get one opportunity to fight for the marital property needed to secure a strong post-divorce life. So, don’t put off planning your arguments and gathering the evidence necessary to support your position. Instead, start thinking about the best way to present your case now, that way you have time to modify your approach as needed. Just keep in mind the statutory factors that the court will consider in your case. By tailoring your approach to speak to them, you may be persuasive enough to secure the outcome you want.