Equitable Distribution Legal Counsel in Montgomery County
Most people entering divorce proceedings focus on custody and support, but they underestimate the complexity of dividing marital property. What happens to the house? The retirement accounts? The cars, furniture, bank accounts, and investments accumulated during the marriage? Property division is one of the most technically demanding aspects of divorce. Without proper legal guidance, you risk losing assets you're entitled to keep or accepting an unfair distribution that affects your financial security for years to come.
Fatemi Law represents clients in property division cases throughout Montgomery County. We work to identify, value, and advocate for a fair distribution of marital assets. Our approach addresses both straightforward cases and complex financial dissolutions involving substantial wealth, business valuations, and commingled assets. Whether through negotiation or litigation, we focus on outcomes that protect your financial stability and support your post-divorce future.
Protect your financial interests in your divorce. Contact our Gaithersburg property division attorney at (301) 857-4914 or reach out to us online to discuss your case.
Understanding Marital Property vs. Non-Marital Property in Maryland
Marital property includes any property acquired by either spouse during the marriage, regardless of whose name appears on the title. A bank account in your spouse's name alone can still be marital property. Joint titling is not required for an asset to be subject to division.
Maryland law excludes certain property from marital classification:
Property acquired before the marriage
Inheritances and gifts from third parties received individually
Property excluded by a valid prenuptial or postnuptial agreement
Property directly traceable to these non-marital sources
The burden of proving that property is non-marital falls on the party making the claim. This requires documentation showing the asset's origin and that it remained separate throughout the marriage. When separate property has been commingled with marital funds, tracing becomes complex and often requires forensic accounting.
Maryland's Three-Step Process for Dividing Marital Property
When spouses cannot agree on property division through a Voluntary Separation and Property Settlement Agreement, the court decides for them.
Maryland courts follow a three-step process:
Step 1: Classification. Determine what is marital property and what is non-marital property.
Step 2: Valuation. Establish the monetary value of all marital property through appraisals, business valuations, or expert testimony.
Step 3: Distribution. Distribute the value based on each party's contributions—both monetary and non-monetary. This is Maryland's "equitable distribution" principle: fair, not necessarily equal.
Factors Maryland Courts Consider When Dividing Property
Under Maryland law, the court considers these statutory factors when determining how to divide marital assets:
Contributions, monetary and non-monetary, of each party to the well-being of the family
Value of all property interests of each party
Economic circumstances of each party at the time the award is made
Circumstances that contributed to the estrangement of the parties
Duration of the marriage
Age of each party
Physical and mental condition of each party
How and when specific marital property was acquired
Contribution of non-marital property to the acquisition of real property held as tenants by the entirety
Any award of alimony and any award regarding family use personal property or the family home
Any other factor the court considers necessary to arrive at a fair distribution
We build arguments based on these factors to support your position, whether presenting evidence of monetary contributions or documenting non-monetary contributions to the family's well-being.
Monetary Awards: When Physical Division Isn't Practical
After classifying and valuing marital property, the court may award one party a monetary award, which is a court order requiring one spouse to pay the other a sum of money to achieve a fair distribution. Monetary awards are used when one spouse retains the marital home, retirement accounts cannot be easily divided, the estate includes illiquid assets like business interests, or one spouse has wasted marital assets.
Monetary awards balance the distribution when a physical division would be impractical or when one party receives a disproportionate share of tangible assets. We argue for monetary awards that reflect your contributions to the marriage and compensate for inequities in the property distribution.
Complex Asset Division: Business Interests & Retirement Accounts
High-asset divorces require sophisticated financial analysis. Business valuations, professional practices, stock options, and executive compensation packages all present valuation challenges. We work with financial experts to determine the marital portion of business interests and argue for appropriate valuation methods.
Retirement accounts such as 401(k)s, pensions, and IRAs require Qualified Domestic Relations Orders (QDROs) to divide benefits without triggering tax penalties. We prepare QDROs that clearly outline how retirement benefits will be divided and coordinate with plan administrators. We also address the waste of marital assets, including situations where one spouse has dissipated funds through gambling, excessive spending, or transfers to third parties, and seek monetary adjustments to compensate for the depletion of assets.
If you require a property division attorney in Gaithersburg, Maryland, please call (301) 857-4914 or contact us online.
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