Is My Spouse Entitled to Property I Acquired After the Date of Separation?

Going through a separation or divorce can be a challenging and emotionally charged time. Among the many concerns that arise during this process is the division of property and assets. One common question that arises is whether a spouse has any claim to property acquired after the separation has occurred.

What is considered marital property?

In Maryland and the District of Columbia, if property is acquired by one spouse after separation but before the divorce is finalized, it is still considered marital property. Campolattaro v. Campolattaro, 66 Md. App. 68, 81 (Md. Ct. Spec. App. 1986); Boyce v. Boyce, 541 A.2d 614, 616 (D.C. 1988); D.C. Code § 16-910(a). Marital property includes assets acquired during the marriage, while separate, premarital property typically includes assets acquired before the marriage, through inheritance, or as a gift.

What is equitable distribution?

Maryland and the District of Columbia follow the principle of equitable distribution, which means that marital property is subject to an equitable division between spouses by applying several factors. The factors include the circumstances surrounding the property's acquisition, both parties' monetary and non-monetary contributions, and the overall equitable distribution of assets. Separate, premarital property is generally retained by the individual who acquired it.

Do I need a written agreement to divide assets?

To avoid potential disputes and resolve the division of property, many couples choose to enter into a written separation and property settlement agreement. A written separation and property settlement agreement is a legally binding contract that establishes the terms of the division of assets. A signed separation agreement will stop the accumulation of marital assets after the separation but before the divorce is finalized and therefore will govern whether your spouse has an interest in property acquired after the date of the separation agreement.

If you need assistance with your separation and property settlement agreement, please contact Markham Law Firm at 240-396-4373 .