In many divorce cases, a couple is able to reach an agreement concerning some of the key contentious issues, such as the division of marital property, alimony, child support, and the like. Of course, the parties are encouraged to find some middle ground on these fundamental matters, since it tends to save…
In any divorce matter, it is important for each spouse to consult with his or her own attorney, who will seek to protect that person’s separate rights going forward. One of the most important documents that divorcing spouses often agree to is a marital settlement agreement or “MSA.” In many cases, the…
Maryland separation agreements can waive the parties’ right to have the court assume jurisdiction over modifications to spousal support. Removing the court’s power to modify a separation agreement can prove problematic in the event that one of the parties regrets the terms of the original separation agreement. In a 2010…
In Maryland, courts scrutinize attacks to prenuptial agreements carefully. They interpret prenups as they would any other contract between two consenting adults. In a recent case, a twenty-six-year-old woman had married a father of three. In 1988 when they married, she was working in a daycare center for minimum wage.…
The Maryland Court of Special Appeals recently determined in Dapp v. Dapp that certain retirement benefits may not be assigned or split in a divorce agreement. The case arose from a dispute between a couple who married in 1968. Amtrak employed the husband starting in 1981 and the couple separated…
This month, a Maryland Court of Special Appeals ruled on Li v. Lee, a case with several family law issues. The facts are complex, but are briefly as follows. A husband and wife met in 1977. In spite of a brief romance, they married other people. Years later, their romance…