Examples of MD divorce “equitable distribution”

[Anonymous]

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

Likely true, but not a given

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

Likely true, but not a given

Well you can either agree to do it that way, or stupidly spend money on lawyers so that eventually the judge does it for you. Your call.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So you SAH or make way less than him I presume?

Nope - I make more income than him now, the cash windfall he received at the beginning of our marriage paid for most of our house, though my income since that has paid for our very modest mortgage. He opted not to work for some years - using most of the rest of that income. Our kids were in daycare and school so he was never a SAHD.

Funny you would say that. I know lots of SAHM martyrs whose kids are in daycare and/or school.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

Likely true, but not a given

Well you can either agree to do it that way, or stupidly spend money on lawyers so that eventually the judge does it for you. Your call.

I have just been through this nightmare. Md law is bizarrely fragmented eg MoCo has slightly different approach compared to other counties. You’ll have to make a judgement call about how hard you pursue this vs going to court. Add to that you have the whim of a judge as to what is fair. Which is to say I don’t think other people’s experiences are helpful. I know someone who spent $200k in legal costs alone.
Family law is a money pit .... for lawyers

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

Likely true, but not a given

Well you can either agree to do it that way, or stupidly spend money on lawyers so that eventually the judge does it for you. Your call.

I have just been through this nightmare. Md law is bizarrely fragmented eg MoCo has slightly different approach compared to other counties. You’ll have to make a judgement call about how hard you pursue this vs going to court. Add to that you have the whim of a judge as to what is fair. Which is to say I don’t think other people’s experiences are helpful. I know someone who spent $200k in legal costs alone.
Family law is a money pit .... for lawyers

How large was your estate?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

Likely true, but not a given

Well you can either agree to do it that way, or stupidly spend money on lawyers so that eventually the judge does it for you. Your call.

I have just been through this nightmare. Md law is bizarrely fragmented eg MoCo has slightly different approach compared to other counties. You’ll have to make a judgement call about how hard you pursue this vs going to court. Add to that you have the whim of a judge as to what is fair. Which is to say I don’t think other people’s experiences are helpful. I know someone who spent $200k in legal costs alone.
Family law is a money pit .... for lawyers

How large was your estate?

Small enough that it would hurt to pay $10,000s to attorneys to let a judge go to Vegas

[Anonymous]

Anonymous wrote:Do you have examples of MD courts deciding equitable distribution of marital property? DH brought more assets at beginning of 11 year marriage but it has all since been co-mingled.

If he can prove they were his stocks or properties at the time of marriage, then those are his. Everything else is 50/50. Especially income, stock earned.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It was not an inheritance. It was income from a job that he received after we were married from stock options - some of which he received before we were married. But he used the money to buy a house that we own together and in which we currently live.

Again, that money belonged to both of you, not him, and the appreciation on the house will be split evenly.

Likely true, but not a given

especially prove if other spouse was managing the house, kids, schedule, etc. in order to "free up" stock option spouse to solely focus on office work.

[Anonymous]

My ex tried to get both my pre-marital 401k and the proceeds from an inheritance I received during the marriage. The inheritance was invested by me in gold coins which appreciated tremendously after 2001. She didn't get either asset, or the gains to the asset.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Do you have examples of MD courts deciding equitable distribution of marital property? DH brought more assets at beginning of 11 year marriage but it has all since been co-mingled.

If he can prove they were his stocks or properties at the time of marriage, then those are his. Everything else is 50/50. Especially income, stock earned.

That was my thought as I was reading this. It's unclear whether the stock options were granted prior to the marriage and only exercised during the marriage or whether they were granted during the marriage.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you have examples of MD courts deciding equitable distribution of marital property? DH brought more assets at beginning of 11 year marriage but it has all since been co-mingled.

If he can prove they were his stocks or properties at the time of marriage, then those are his. Everything else is 50/50. Especially income, stock earned.

That was my thought as I was reading this. It's unclear whether the stock options were granted prior to the marriage and only exercised during the marriage or whether they were granted during the marriage.

But, regardless, the cash was deposited into a joint account and then used to buy a house jointly owned by OP and DH, so I don't think it would remain separate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you have examples of MD courts deciding equitable distribution of marital property? DH brought more assets at beginning of 11 year marriage but it has all since been co-mingled.

If he can prove they were his stocks or properties at the time of marriage, then those are his. Everything else is 50/50. Especially income, stock earned.

That was my thought as I was reading this. It's unclear whether the stock options were granted prior to the marriage and only exercised during the marriage or whether they were granted during the marriage.

Doesn't matter. Stock options granted before marriage and exercised during marriage are marital property. The money you used to exercise them during the marriage was marital money, so the resulting shares become marital property. I know this because I dealt with that issue in my divorce.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you have examples of MD courts deciding equitable distribution of marital property? DH brought more assets at beginning of 11 year marriage but it has all since been co-mingled.

If he can prove they were his stocks or properties at the time of marriage, then those are his. Everything else is 50/50. Especially income, stock earned.

That was my thought as I was reading this. It's unclear whether the stock options were granted prior to the marriage and only exercised during the marriage or whether they were granted during the marriage.

Doesn't matter. Stock options granted before marriage and exercised during marriage are marital property. The money you used to exercise them during the marriage was marital money, so the resulting shares become marital property. I know this because I dealt with that issue in my divorce.

Options can be exercised on a cashless basis...

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you have examples of MD courts deciding equitable distribution of marital property? DH brought more assets at beginning of 11 year marriage but it has all since been co-mingled.

If he can prove they were his stocks or properties at the time of marriage, then those are his. Everything else is 50/50. Especially income, stock earned.

That was my thought as I was reading this. It's unclear whether the stock options were granted prior to the marriage and only exercised during the marriage or whether they were granted during the marriage.

Doesn't matter. Stock options granted before marriage and exercised during marriage are marital property. The money you used to exercise them during the marriage was marital money, so the resulting shares become marital property. I know this because I dealt with that issue in my divorce.

Options can be exercised on a cashless basis...

Using a broker who loans you money. Which occurs during the marriage. So that money was marital money.