By Stuart H. Grozbean
Equitable Distribution Vs. Community Property
Mr. Grozbean has been quoted in the Washington Post, USA Today and on
the various television and news channels.
What is, in plain English, the difference between a "community property
state" and an "equitable distribution state". In a community property
state the marital property is generally split 50/50. However, Maryland
follows equitable distribution rules which means the Court does not have
to divide everything equally.
Here is what the Court looks at:
1. First they identify and determine what is marital property
2. Next they determine the value of marital property
3. Finally, they decide whether or not to grant a monetary award and/or
divide the marital pension assets as an adjustment of the equities and
rights of the parties.
4. Earning power of the spouses compared to the other Spouse
5. Separate property of the spouses
6. One spouse having done all the work to acquire the property or
inherited the property
7. The value that one spouse contributed as the home-maker for the
family
8. Economic fault of one spouse in wasting and dissipating marital
property
9. Duration of the marriage
10. Age and relative health of the spouses
11. The responsibility for providing for children of the marriage
12. Spousal abuse or marital infidelity (to penalize the offending
spouse).
For a very useful article on how a small business is valued during
divorce
However, as a general rule the Court will divide fairly equally marital
property in the typical marriage setting.