The Law Offices of Jeffrey R. Bloom handles divorce cases throughout the State of Maryland. At the outset of a divorce case, Mr. Bloom believes it is especially important to educate our clients concerning the divorce laws that will apply to their case, the various equitable remedies that can be requested, and the possible outcomes of divorce litigation. This is because many people have misconceptions about how divorce operates in Maryland, and there are a number of complexities in the Maryland divorce statutes that would surprise people. Our firm feels it is especially important to understand your rights and to set your goals early on in a divorce case.
Financially speaking, there are usually two major elements of divorce cases in Maryland: (1) the court addresses how marital property is distributed and (2) the court addresses how the respective income streams of the parties factor into a final divorce decree. Each of these general issues should be addressed in a thoughtful manner because there are so many variations of ways that a court can rule in a divorce case.
As to marital property, Maryland applies equitable distribution laws. In doing so, courts approach different types of property in different ways depending on how the property is titled. For the most part, property titled in the name of one spouse cannot be transferred to the other spouse or even sold. However, there are numerous exceptions to this general rule. For example, a marital interest in one spouse’s retirement account can be transferred to the other spouse. Likewise, an ownership interest or right to use the marital home can be transferred to one spouse to the exclusion of the other spouse. When one party has a disproportionate amount of property titled in his or her name, a Maryland court can even direct that spouse to pay the other a sum of money in order to equitably adjust the parties’ property rights. Because a court can distribute marital property in so many different ways, the Law Offices of Jeffrey R. Bloom works closely with its clients in order to identify their priorities and best interests as they relate to marital property distribution at the outset of their case.
With respect to the second main element of divorce cases in Maryland, courts carefully take into account the respective income streams and earning capacities of each party. When divorcing spouses have disproportionate income streams, one spouse may be granted an alimony (spousal support) award. Because there are no precise guidelines for alimony in Maryland, alimony awards tend to vary greatly with the facts of each case. In defending against an alimony claim, one may wish to “impute” income to their spouse by arguing that their spouse voluntarily impoverished themselves or has an earning capacity well in excess of his or her current income.
The Law Offices of Jeffrey R. Bloom thoroughly investigates and prepares divorce cases for its family law clients as the outcome of every divorce case is highly fact dependent.