Anonymous
Post 05/13/2019 14:52     Subject: Examples of MD divorce “equitable distribution”
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
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.


If he got that windfall after you got married, it was not "his" it was both of yours. You are going to split the equity in the house equally regardless of who paid the down payment and who paid the mortgage. If you make more income, get used to the idea that you are going to wind up paying him child support and perhaps spousal maintenance. You will also split any retirement assets 50/50, too, which may entail transfers from you to him.


The windfall absolutely IS his even if he got it after the marriage if it was an inheritance.


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.



And which was deposited into a joint account.
Anonymous
Post 05/13/2019 14:51     Subject: Examples of MD divorce “equitable distribution”
Anonymous wrote:
Anonymous wrote:
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.


If he got that windfall after you got married, it was not "his" it was both of yours. You are going to split the equity in the house equally regardless of who paid the down payment and who paid the mortgage. If you make more income, get used to the idea that you are going to wind up paying him child support and perhaps spousal maintenance. You will also split any retirement assets 50/50, too, which may entail transfers from you to him.


The windfall absolutely IS his even if he got it after the marriage if it was an inheritance.


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.

Anonymous
Post 05/13/2019 14:51     Subject: Examples of MD divorce “equitable distribution”
Anonymous wrote:
Anonymous wrote:
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.


If he got that windfall after you got married, it was not "his" it was both of yours. You are going to split the equity in the house equally regardless of who paid the down payment and who paid the mortgage. If you make more income, get used to the idea that you are going to wind up paying him child support and perhaps spousal maintenance. You will also split any retirement assets 50/50, too, which may entail transfers from you to him.


The windfall absolutely IS his even if he got it after the marriage if it was an inheritance.


She said it wasn't. I agree this makes no sense, OP. Did he get the money before you were married, or after? How was it co-mingled - joint account? House in both names?
Anonymous
Post 05/13/2019 14:48     Subject: Examples of MD divorce “equitable distribution”
Anonymous wrote:
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.


If he got that windfall after you got married, it was not "his" it was both of yours. You are going to split the equity in the house equally regardless of who paid the down payment and who paid the mortgage. If you make more income, get used to the idea that you are going to wind up paying him child support and perhaps spousal maintenance. You will also split any retirement assets 50/50, too, which may entail transfers from you to him.


The windfall absolutely IS his even if he got it after the marriage if it was an inheritance.
Anonymous
Post 05/13/2019 14:45     Subject: Examples of MD divorce “equitable distribution”
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.


If he got that windfall after you got married, it was not "his" it was both of yours. You are going to split the equity in the house equally regardless of who paid the down payment and who paid the mortgage. If you make more income, get used to the idea that you are going to wind up paying him child support and perhaps spousal maintenance. You will also split any retirement assets 50/50, too, which may entail transfers from you to him.
Anonymous
Post 05/13/2019 14:44     Subject: Examples of MD divorce “equitable distribution”
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.


Your soon to be ex was an idiot for comingling.

Were his assets traceable to an inheritance? That might be strengthen his case
I think you would both might end up spending a lot of money on lawyers. So don’t get greedy and he might not
push for it to go trial.


No inheritance and most of the money came AFTER we were married as income. What is "greedy"? In community property states that would be more than 50%. In an equitable distribution state, it's ...?


You are all over the place on your story. First you say he brought in more assets at the beginning of the marriage, and then you say most of the money came after you got married. Which is it?

If it came after you got married, it doesn't matter if it was "commingled" or not.

"Equitable" does not necessarily mean 50/50 by the way.


Exactly - I am looking for examples of how "equitable distribution" played out for others - not for you to opine on what the equitable distribution would be in my case. If you have an example to share, then please do.
Anonymous
Post 05/13/2019 14:42     Subject: Examples of MD divorce “equitable distribution”
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.


Your soon to be ex was an idiot for comingling.

Were his assets traceable to an inheritance? That might be strengthen his case
I think you would both might end up spending a lot of money on lawyers. So don’t get greedy and he might not
push for it to go trial.


No inheritance and most of the money came AFTER we were married as income. What is "greedy"? In community property states that would be more than 50%. In an equitable distribution state, it's ...?


You are all over the place on your story. First you say he brought in more assets at the beginning of the marriage, and then you say most of the money came after you got married. Which is it?

If it came after you got married, it doesn't matter if it was "commingled" or not.

"Equitable" does not necessarily mean 50/50 by the way.
Anonymous
Post 05/13/2019 14:41     Subject: Examples of MD divorce “equitable distribution”
You're being vague about what the cash windfall was. For example, did he sell a rare baseball card he owned prior to the marriage or did he just receive a large bonus from work for a year or two?

You know the right answer here. If he sold some form of property he owned prior to the marriage credit that back to him in the property settlement. If it's income then it's all part of the same pot.
Anonymous
Post 05/13/2019 14:27     Subject: Examples of MD divorce “equitable distribution”
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.
Anonymous
Post 05/13/2019 14:19     Subject: Examples of MD divorce “equitable distribution”
So you SAH or make way less than him I presume?
Anonymous
Post 05/13/2019 14:17     Subject: Examples of MD divorce “equitable distribution”
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.



Your soon to be ex was an idiot for comingling.

Were his assets traceable to an inheritance? That might be strengthen his case
I think you would both might end up spending a lot of money on lawyers. So don’t get greedy and he might not
push for it to go trial.


No inheritance and most of the money came AFTER we were married as income. What is "greedy"? In community property states that would be more than 50%. In an equitable distribution state, it's ...?
Anonymous
Post 05/13/2019 14:14     Subject: Examples of MD divorce “equitable distribution”
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.



Your soon to be ex was an idiot for comingling.

Were his assets traceable to an inheritance? That might be strengthen his case
I think you would both might end up spending a lot of money on lawyers. So don’t get greedy and he might not
push for it to go trial.
Anonymous
Post 05/13/2019 11:54     Subject: Examples of MD divorce “equitable distribution”
Anonymous wrote:Depends of you are currently working, kids, etc. You should get a one hour consult for an attorney


Do you have any recommendations for an attorney in MoCo?
Anonymous
Post 05/13/2019 11:44     Subject: Examples of MD divorce “equitable distribution”
Depends of you are currently working, kids, etc. You should get a one hour consult for an attorney
Anonymous
Post 05/13/2019 11:12     Subject: Examples of MD divorce “equitable distribution”
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.