Stuart C. Axilbund, Attorney at Law Towson MD Divorce Lawyer | Baltimore County Family Law Attorney | Owings Mills Separation Law Firm 2026-05-22T08:53:27Z https://www.axilbundlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1404485/2024/08/cropped-Site-Icon-sca-32x32.jpg On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[Is your inheritance protected in a Maryland divorce?]]> https://www.axilbundlaw.com/?p=48621 2026-05-22T08:53:27Z 2026-05-22T08:53:27Z Understanding marital versus non-marital property Maryland law makes an important distinction between marital and non-marital property. Marital property encompasses assets obtained during the marriage. Non-marital property comprises assets you possessed before marriage or received as a gift or inheritance during the marriage. Generally speaking, inheritances are considered non-marital property in Maryland. This means that if you inherited money or assets from a family member, those assets would typically remain yours alone after the divorce. However, the reality is not always this straightforward.

When inheritances can become marital property

The critical factor is how you handled your inheritance during the marriage. If you kept your inherited assets separate from your spouse and your marital finances, you might have a stronger argument that they should remain yours. However, if you commingled your inheritance with marital assets, you might face complications. Commingling occurs when you mix inherited funds with marital money. For example, if you deposited your inheritance into a joint bank account, you may have transformed your non-marital property into marital property. The same applies if you used inherited funds to purchase a home titled in both names. Similarly, if you used inherited funds to pay off marital debt, you could lose your claim to those funds. The same risk applies when you use inheritance money to make improvements to the marital home.

Protecting your inheritance

If you want to keep your inheritance separate, consider maintaining it in an account under your name only. You might also want to avoid using inherited funds for joint expenses or marital purchases. Keeping clear records and documentation of your inheritance may help demonstrate that these assets remained separate throughout your marriage. You might want to take time to understand your rights and explore the options available in your specific situation. Every divorce case is unique, and the treatment of your inheritance will depend on the specific facts and circumstances surrounding how you managed those assets during your marriage.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[When can you file for an absolute divorce in Maryland?]]> https://www.axilbundlaw.com/?p=48616 2026-02-16T10:30:00Z 2026-02-16T00:26:57Z Six-month separation When you file for divorce using this reason, it means that you and your spouse have lived separately and without intimacy (or a sexual relationship) for at least six consecutive months. It also means that you have been using your respective finances “separately” and have had no social life together as a couple during your separation period.

Irreconcilable differences

When you file for divorce using this reason, it means that your issues or problems within the marriage are irreparable. There is no minimum separation period required for filing irreconcilable differences.

Mutual consent

When you file for a mutual consent divorce, it means that you and your spouse have chosen to end your marriage amicably and settle your divorce matters on your own terms through a marital settlement agreement. This written agreement must include resolutions for:
  • Property division
  • Debt allocation
  • Alimony
  • Child custody
  • Parenting time
  • Child support
Since you have already agreed on all key issues of your marriage, you and your spouse can speed up your divorce and file your legal document with the court.

Your life’s new chapter awaits

By learning about Maryland’s common grounds for absolute divorce, you can become more familiar with the process and pursue the most suitable option for your situation. With this first step out of the way, you can prepare for your divorce with confidence over the timeline and its legal procedures.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[How Maryland handles complex marital property in high-asset divorces]]> https://www.axilbundlaw.com/?p=48614 2025-11-25T19:56:55Z 2025-11-25T19:56:55Z Maryland’s approach to marital property Maryland follows an equitable distribution system. This means courts divide marital property in a way that is fair, not equal. Since this rule can feel unclear, high-net-worth clients benefit from a lawyer who can explain how the court views their financial picture. Before the court makes decisions, judges review several points that shape the outcome. Key factors include:
  • The length of the marriage: This detail helps the court understand how long the couple shared and managed assets.
  • Each spouse’s financial and nonfinancial contributions: This includes income, home care and support of the other spouse’s career.
  • The economic circumstances of each spouse: Judges look at present needs and future earning power to see what is fair.
Together, these factors guide the court as it assigns value to property and decides on a fair division.

Unique challenges in high-asset cases

High-asset divorces often involve complex holdings. Because these assets may be hard to value, they require special tools and expert support. Common complex assets include:
  • Multiple real estate properties: These include vacation homes or investment rentals that need formal appraisals.
  • Business interests and professional practices: These require detailed valuations based on profits and expected growth.
  • Stocks, retirement accounts and investment portfolios: These can fluctuate in value and may involve tax concerns.
When these issues appear, experienced legal counsel helps clients understand how each asset fits into their broader financial plan.

Why skilled guidance matters

During a high-asset divorce, every detail matters. Since a mistake can lead to large financial losses, clients need an attorney who can track, value and protect their property. Moreover, a lawyer who understands Maryland’s laws can explain how to approach settlement talks with confidence. In the end, high-asset clients gain peace of mind when they work with counsel who is ready to handle complex assets with care and precision.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[How divorcing spouses should address worries about hidden assets]]> https://www.axilbundlaw.com/?p=48611 2025-08-24T21:26:27Z 2025-08-24T21:26:27Z With a thorough financial review Going over household financial records is often the only way to affirm if one spouse has hidden assets. In some cases, attempts to hide income or resources are relatively blatant. Other times, it may be necessary to retain the support of a professional, such as a forensic accountant, to effectively assess the marital estate and determine if there are any hidden assets. Forensic accountants can find discrepancies in financial records. They can trace income and assets. Their expertise may prove invaluable to those who believe their spouses have hidden property.

With evidence presented in court

Once people have validated their fears of hidden marital assets, they need to effectively document what they uncover. They can then present that information to the courts during property division litigation. Given the risk of continued financial misconduct, settling property division after uncovering hidden assets can be risky. Agreeing to specific terms puts the spouse who uncovered the hidden assets at a disadvantage, as they may not be able to demand justice if additional misconduct comes to light later. The obligation to make formal disclosures to the courts during a litigated divorce helps reinforce the protections of the spouse who discovered hidden assets. The courts can account for the value of hidden property when entering a final asset division decree. Penalizing people for lying to the courts is common. Identifying and documenting attempts to hide assets can protect people during a very vulnerable time. Spouses who validate their claims of hidden assets can push for fair property division outcomes.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[How can commingling impact property division during divorce?]]> https://www.axilbundlaw.com/?p=48609 2025-05-29T23:35:01Z 2025-05-29T23:35:01Z What constitutes commingling? There are many actions that can lead to claims of commingling during property division proceedings. Adding a spouse as a co-owner to a high-value asset or a financial account can endanger those resources during a divorce. Depositing separate funds into a shared bank account has the same effect. In some cases, commingling involves the use of marital income or assets to maintain or improve separate property. Sweat equity on the part of the non-owner spouse, such as the routine performance of large home maintenance projects, can also lead to claims that previously separate property is now part of the marital estate.

What impact does commingling have?

In scenarios where one spouse can credibly assert that commingling occurred, the commingled assets may be at risk of division. Even if the courts allow the spouse who owned those assets originally to retain them, they may have to account for their value when settling other property division matters. Commingling can complicate divorce proceedings and make it much more difficult for spouses to agree on what they have to divide and how to do so fairly. Learning more about the nuances of asset division matters can be beneficial for those preparing for an upcoming divorce. Both individuals asserting that commingling occurred and those trying to fight claims of commingling may need help preparing for property division proceedings, and that’s okay.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[3 times a parent could secure sole custody during a divorce]]> https://www.axilbundlaw.com/?p=48601 2025-02-26T23:39:15Z 2025-02-26T23:39:15Z 1. A history of domestic violence Judges have to look at the totality of family circumstances when trying to decide what might be best for the children. If one parent has been physically abusive toward the children and there is verifiable documentation of that abuse, a judge may consider that when dividing custody. It may not be in the best interest of the children to be left alone with someone who has a history of violence.

2. Substance abuse issues

Addiction can have a major negative impact on parenting capabilities. Parents struggling with alcohol addiction or drug abuse may be emotionally volatile. They may participate in criminal activity to fund their substance abuse. They may expose the children to dangerous people or environments. Those under the influence often struggle to meet the needs of dependent children. The courts may limit the parental rights and responsibilities of an adult who has a current issue with substance abuse.

3. Unstable circumstances

Some people mean well but struggle to handle adult responsibilities. They may not have jobs or study housing of their own. Other times, they may have medical issues that leave them incapable of meeting the children's needs without the support of another adult. Unless there are highly unusual and concerning household circumstances, judges typically expect parents to work together and share custody. Understanding the standard approach to child custody issues can help parents temper their expectations or develop a viable legal strategy. Most of the time, shared custody is the most likely result of parents litigating custody matters.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[3 common divorce complications stemming from the marital home]]> https://www.axilbundlaw.com/?p=48599 2024-12-04T18:54:34Z 2024-12-04T18:54:34Z 1. Concerns about possession The first dispute related to the marital home may arise as soon as one spouse files. Most people don't want to continue living together during divorce. However, people are often anxious about leaving the marital home because they worry they may never be able to regain possession if they leave. Spouses need to consider factors including custody arrangements, maintenance obligations and pre-existing connections to the property when determining who stays and who moves out during the divorce. It is sometimes feasible for the person who leaves the home to regain possession at the end of the divorce process.

2. Disagreements about fair market value

Spouses can sometimes have vastly different ideas of what the home is worth. One spouse may point to the purchase price of the property, while the other may look at the current market in the neighborhood if similar homes currently sell for a much higher price. It can be difficult for spouses to agree on what the home is worth for the purposes of property division as they divorce. It is sometimes necessary to work with a real estate agent or appraiser to settle those disagreements.

3. Challenges related to sharing equity

Some couples have enjoyed a comfortable standard of living throughout their marriages and may have little issue locating other assets that can effectively offset one spouse's share of equity during the divorce. Other couples may not have retirement accounts, small businesses or other high-value assets to balance out home equity during divorce negotiations. It might be necessary for one spouse to refinance the mortgage and withdraw equity to compensate the other. Doing so is a straightforward solution to a common source of dispute. However, it is also a move that increases the monthly mortgage payments substantially. The spouse hoping to retain the property after the divorce may need to understand how withdrawing equity might affect their eligibility for a mortgage and their monthly budget. People preparing for divorces involving high-value marital assets often need help. Learning about the law and establishing long-term goals during and after divorce can help people secure favorable outcomes.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[Why do some spouses hide assets before divorcing?]]> https://www.axilbundlaw.com/?p=48558 2024-08-29T13:51:38Z 2024-08-29T13:51:38Z The desire for financial gain Most spouses who conceal assets do so to secure a larger share of the marital wealth. They may feel entitled to more than what the law allows or may believe that their contributions to the marriage justify keeping more assets for themselves. Individuals who suspect their spouse might be hiding assets should look out for the following:
  • Hidden bank accounts
  • Undervalued property
  • Temporary transfer of assets to friends or family members
Spouses who desire to gain financial advantage hide assets to reduce the apparent value of the marital estate. Unfortunately, this leaves unsuspecting spouses with less during the settlement. This type of behavior is illegal, but it can be challenging to detect without legal help.

Fear of financial instability

Other spouses might conceal assets due to the fear of financial instability after the divorce. Divorce is a life-altering process that often leads to a significant change in lifestyle. Some individuals may be anxious about their financial future and feel the need to hide some assets to secure a financial reserve. High-asset individuals may especially worry about maintaining their current standard of living. This fear-driven behavior can stem from a lack of confidence in the divorce process or a belief that the courts may not distribute assets fairly. It can also be fueled by concerns about child support or alimony obligations. By hiding assets, a spouse may try to protect themselves from what they perceive as potential financial hardship. Understanding the motivations behind asset concealment before a divorce can help individuals protect themselves and help to better ensure a fair settlement. By staying informed, seeking legal help and remaining vigilant, individuals can navigate the divorce process more effectively and work to protect their financial future.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[3 ways to protect a 401(k) during a divorce]]> https://www.axilbundlaw.com/?p=48257 2024-06-04T12:40:06Z 2024-06-04T12:40:06Z By splitting the account carefully Sometimes, the only solution for retirement accounts during a divorce is to divide the account between the spouses. Doing so not only reduces the overall balance of the account but could also lead to penalties and tax consequences. Those who use a qualified domestic relations order (QDRO) drafted by an attorney can divide their retirement savings without worrying about taxes and a 10% penalty.

By proving some funds are separate

Typically, family law judges divide marital property between spouses but do not touch the separate property of either spouse. If someone set aside funds in a 401(k) prior to marriage and did not contribute to the account during the marriage, they may be able to protect what they have saved as their separate property. If they continued depositing in the same account throughout the marriage, they could theoretically preserve at least a portion of the balance that they deposited before getting married as their separate property.

By offsetting savings with other assets

If retirement savings are theoretically marital property, someone does not automatically need to divide their 401(k) to achieve a fair property division outcome. Spouses who negotiate their own settlements can use other assets or even marital debts to balance out one spouse's retention of a 401(k). Judges also theoretically have the discretion to allow someone to keep a 401(k) so long as they account for its value when allocating other assets in the divorce. Individuals who are preparing for complex divorces with a substantial marital estate may need assistance deciding how to divide their property and protecting specific resources. Identifying the assets that have the most significance and focusing on specific goals during divorce can help someone achieve the best outcome possible in what is likely to be a challenging personal situation.]]> On Behalf of Stuart C. Axilbund, Attorney at Law <![CDATA[Setting priorities is important during a high-asset divorce ]]> https://www.axilbundlaw.com/?p=48255 2024-03-12T13:22:48Z 2024-03-12T13:22:48Z Navigating a high-asset divorce process is rarely a straightforward endeavor. Unless a couple has a viable prenup or postnup in place that settles virtually all property division concerns, any high-asset divorce process is likely going to get fairly messy at one point or another. As a result of this potentially stressful reality, setting clear priorities is important. If you and your spouse have decided to go your separate ways, know that setting informed priorities early in the process can help you to protect your interests and better ensure a fair settlement. 

The potential financial benefits of making this effort

High-asset divorces often involve intricate financial portfolios, including business ownerships, investments, real estate holdings and valuable personal property, so dividing assets can become an overwhelming task. This process unfolds simultaneously with the need to engage in broader financial planning for their post-divorce realities. By setting clear priorities, you can approach your divorce with greater clarity and purpose, minimizing financial losses and paving the way for a more stable future. With a clear understanding of what is most important to you, whether that is retaining ownership of a family business, securing investments or keeping a primary residence, you can more effectively negotiate (or litigate, if necessary) and make compromises where necessary. Prioritizing can allow you to focus on securing assets that hold the most value to you, financially and emotionally, while being willing to concede less important assets to reach a fair settlement efficiently and effectively. 

Streamlining the process

Divorces, often especially those involving substantial assets, can become contentious, prolonging the process and increasing legal costs. Identifying and communicating your priorities early on can help mitigate conflicts by establishing clear objectives and boundaries for negotiations. When both parties understand what the other values most, it can potentially lead to more productive discussions and a willingness to compromise, potentially reducing the time and expense involved in reaching a settlement. Regardless of whether your interests are best served by negotiation, mediation or litigation, by approaching your divorce with clear priorities, you can more effectively safeguard your interests and lay the groundwork for a more secure and fulfilling future.]]>