{"id":2159,"date":"2017-06-30T00:00:56","date_gmt":"2017-06-30T00:00:56","guid":{"rendered":"https:\/\/fdfamilylaw.wpenginepowered.com\/?p=2159"},"modified":"2023-04-27T12:14:17","modified_gmt":"2023-04-27T12:14:17","slug":"division-of-property-what-is-fair-and-equitable","status":"publish","type":"post","link":"https:\/\/fdfamilylaw.com\/division-of-property-what-is-fair-and-equitable\/","title":{"rendered":"Division of Property \u2013 What is \u201cFair and Equitable\u201d"},"content":{"rendered":"
When considering division of property, courts in Maryland apply a \u201cfair and equitable\u201d standard. \u00a0In general, this excludes consideration of which party caused the divorce.\u00a0 Rather, courts consider the economic circumstances of each party at the time of the divorce.\n

How does a court determine what is \u201cfair and equitable\u201d?<\/h2>\n

A divorcing spouse who has no interest in divorce will not consider it \u201cfair and equitable\u201d to give up half of his or her pension or property. Nor will they find it \u201cfair and equitable\u201d to pay spousal support to a less financially solvent spouse who wants to end the relationship. \u00a0That said, the court doesn\u2019t approach property division with that perspective. \u00a0Rather, the divorce itself is presumed, and the division of property, where the parties cannot agree, falls to the court, who must do so in a \u201cfair and equitable\u201d manner.<\/p>\n

What Does \u201cFair and Equitable\u201d Mean?<\/h3>\n

Fair and equitable does not necessarily mean equal.\u00a0 While something close to equal is often the result, depending on the circumstances, the division may be very unequal.\u00a0 Courts will generally presume both spouses contributed substantially to the income and acquisition of property during the marriage.\u00a0 For example, imagine one party worked 70 hours a week and the other party worked as a stay-at-home parent during the course of the marriage. \u00a0The fact only one party collected a paycheck will not negatively impact the other party in the division of property.<\/p>\n

The court\u2019s determination of fair and equitable is focused on the economic condition of the parties at the time of the divorce.\u00a0 This is the basis for determining what division of resources is fair.<\/p>\n

Factors Considered When Determining \u201cFair and Equitable\u201d Division of Property<\/h3>\n

Some factors the court might consider include:<\/p>\n

How long the marriage lasted.<\/p>\n

The relative earning capacity and education of the parties.<\/p>\n

The contribution of a spouse as a stay-at-home parent or homemaker.<\/p>\n

The contribution of one spouse to the other\u2019s education or ability to earn income.<\/p>\n

The absence of one party from the job market and how it has impacted his or her finances.<\/p>\n

The health of the parties.<\/p>\n

The financial needs of the parties, including parenting duties.<\/p>\n

Whether one of the spouses has taken efforts that increase the value of a premarital asset.<\/p>\n

If the court determines one spouse will be at an economic disadvantage after the divorce, the court can use a \u201cfair and equitable\u201d division of property to create a fair result.\u00a0 Courts attempt to leave the parties on equal economic footing as much as possible.\u00a0 Courts want to prevent significant negative long-term financial impact on both parties.<\/p>\n

What Property Does the Court Divide?<\/h2>\n

The court divides only marital property.\u00a0 A court will consider nonmarital property for purposes of determining \u201cfair and equitable\u201d division of marital property, but it only divides marital property during a divorce proceeding.\u00a0 For example, if one spouse has a great deal of nonmarital property and the other spouse has very little, a court may give more marital property to the spouse with little nonmarital property.<\/p>\n

Property is generally nonmarital if it is acquired prior to the marriage or during the marriage if acquired in certain ways.\u00a0 This can include inheritance, gifts from a third party, or if property is acquired by using nonmarital assets.\u00a0 Other property acquired during the marriage is generally presumed to be marital property.\u00a0 A spouse that argues property acquired during the marriage is nonmarital must prove that claim.<\/p>\n

When Courts Consider Fault<\/h2>\n

Courts exclude evidence of a party\u2019s fault in general.\u00a0 However, bad acts during the marriage can be considered if they impact a fair and equitable result.\u00a0 Some examples include:<\/p>\n