Grounds for Divorce in Maryland Excesively Vicious Conduct

A little more information on this grounds for divorce in Maryland. According to Family Law § 7-103 (a) (7) & (8) the Court may decree an absolute divorce based upon cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable hope of reconciliation or if there is excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

The Court defined excessively vicious conduct and cruelty in the matter of Das v. Das, 133 Md. App. 1, 754 A.2d 441 (2000). In Das the Court held in pertinent part that cruelty as a cause for divorce includes any conduct on the part of the husband or wife which is calculated to seriously impair the health or permanently destroy the happiness of the other. As such the court continued any misconduct of a husband that endangers, or creates a reasonable apprehension that it will endanger, the wife's safety or health to a degree rendering it physically or mentally impracticable for her to properly discharge the marital duties constitutes cruelty within the meaning of the divorce statute.

Cruelty and Vicious Conduct as a ground for Divorce in Maryland

A grounds for divorce in Maryland does include cruelty or excessively vicious conduct. The court's view point on this issue have changed greatly over the years as to what type conduct will justify the court granting an absolute divorce.

The specific grounds for absolute divorce on cruelty are found in Family Law § 7-103 (a) (7) & (8) the Court may decree an absolute divorce based upon cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable hope of reconciliation or if there is excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

The Court has addressed this issue in the matter of Das v. Das, 133 Md. App. 1, 754 A.2d 441 (2000), therein the court found a basis for granting the absolute divorce on the grounds of cruelty and excessively vicious conduct. The case provides an excellent outline of the changing nature of the Court’s understanding of cruelty in today’s modern era of enlightenment. In Das the court was persuaded most with the issuance of a protective order and wife’s stated health problems due to stress. The factual basis for granting an absolute divorce in Das was further supported by evidence of the history of violence between Husband and Wife which justified entry of a one-year protective order in January 1998, and also noted this was “one in several cases of domestic violence.” Further the court considered the Wife testimony that husband was “making me stay up all night in order to listen to him, isolating me from my friends and from my family, and not allowing contact as much as possible. Hitting, pinching, pulling hair, etc., were also noted to the point health problems, including cardiac arrhythmia brought on by the “stress of the marriage and the tensions at home.” Wife also spoke about her fear of Husband's taunting questions about what she might do when the protective order expired. The court also noted the fact that the police came to the house.

Military Divorce in Maryland

The military divorce in Maryland has some distinct difference from the civilian divorce in Maryland. Not that the law is different rather the issues are a bit more predictable in the military divorce. For example, the most common questions and conditions I encounter in the military divorce are jurisdiction, custody, what military benefits are included as income for child support purposes, the military pension, stay on litigation, and the 20/20/20 rule. What makes these issues more common place for the military divorce is the obvious situation where people are transient.

Maryland will exercise jurisdiction in your divorce if you or your spouse have resided in Maryland for one year before filing for the divorce.

Modification Of Child Custody in Divorce in Maryland

In a Divorce in Maryland even after the case is done and the judgment of divorce is final the Court still retains the jurisdiction and power to modify custody, child support and visitations. As to custody and visitation, these can be modified by the court on a petition for modification of custody and visitation filed in the jurisdiction where the child presently lives. This is true even if that is not the same location where the divorce decree was entered. However, in order to prevail on the petition for modification you must prove two things. First you must prove there has been a material change of circumstances. Second you must prove it is in the child's best interest to change custody. It is important to prove not just that things have changed like the child is older. Rather you have to prove things have changed in a material way. The court will not allow the non custodial parent to relitigate the same issues over and over see Schaefer v. Cusack 124 Md.App. 288, 722 A.2d 73 Md. App., 1998. As the Maryland divorce court said in Robinson v. Robinson, 328 Md. 507, 615 A.2d 1190 (1992), the primary concern to a judge in awarding custody to one parent over the other is the best interests of the child. The courts in a divorce in Maryland have repeatedly stated the list of factors:

“For the purpose of ascertaining what is likely to be in the best interests and welfare of a child a court may properly consider, among other things, the fitness of the persons seeking custody, the adaptability of the prospective custodian to the task, the age, sex and health of the child, the physical, spiritual and moral well-being of the child, the environment and surroundings in which the child will be reared, the influences likely to be exerted on the child, and, if he or she is old enough to make a rational choice, the preference of the child. It stands to reason that the fitness of a person to have custody is of vital importance. The paramount consideration, however, is the general overall well-being of the child.”A change in circumstances has been required for a change of custody. In McCready v. McCready, 323 Md. 476, 593 A.2d 1128 (1991), Judge McAuliffe said for the Court the question of whether there has been a material change in circumstances which relates to the welfare of the child is, however, often of importance in a custody case. The desirability of maintaining stability in the life of a child is well recognized, and a change in custody may disturb that stability.

Stability is not, however, the sole reason for ordinarily requiring proof of a change in circumstances to justify a modification of an existing custody order. A litigious or disappointed parent must not be permitted to relitigate questions of custody endlessly upon the same facts, hoping to find a chancellor sympathetic to his or her claim.

An order determining custody must be afforded some finality, even though it may subsequently be modified when changes so warrant to protect the best interest of the child. As we said in Hardisty v. Salerno, 255 Md. 436, 439, 258 A.2d 209 (1969), ‘while custody decrees are never final in Maryland, any reconsideration of a decree should emphasize changes in circumstances which have occurred subsequent to the last court hearing.’ See Sharp, Modification of Agreement-Based Custody Decrees: Unitary or Dual Standard?, 68 Va.L.Rev. 1263, 1266-71 (1982).

I customarily advise my clients, if you are seeking a change in custody things have to have changed. The court generally will not fix it if it is not broken. You have to prove the child is not doing well under the present living arraignments. For example, but not by way of limitation, the grades are slipping, the child is not socializing, not eating, not sleeping, digressing in behavior, the custodial parent is not caring for the child and all this is different then it was when the court originally entered their order. As such it is now in the child's best interest to change the custody.

Divorce in Maryland: Alternative Means of Service of Process

After suit is filed in a divorce matter, service of process must be effected. The purpose of service of process is to give actual notice to the defendant that an action against them has been instituted. This is a due process requirement. Generally this is done by delivering a copy of the summons, complaint, and all other papers filed to the individual, or by leaving a copy of the summons, complaint and all other papers filed at the individual’s dwelling house with a resident of suitable age and discretion, or by certified mail requesting restricted delivery. Maryland Rule 2-121(a).

Occasionally I have represented clients who separated from their spouse years ago and do not know the current whereabouts of the spouse and are therefore unable to effect service of process. When this occurs, a plaintiff spouse may petition the Court and request alternative means of service under Maryland Rule 2-121(c). The Court will require an affidavit asserting good faith efforts to serve the defendant spouse were made pursuant to Maryland Rule 2-121(a) and have not succeeded. Other good faith efforts include publication of notice in newspaper, contacting friends and family members of the defendant spouse, retaining a private investigator and/or tracing companies, searches through social security, birth indexes, skip traces, and MVA records. (Lohman v. Lohman, 331 Md. 113, 626 A.2d 384 Md., 1993.)(In re Thomas J., 132 Md. App. 396, 752 A.2d 699 Md. App., 2000.)

Please feel free to contact me at 1-888-760-7339 should you have any further questions.

Limited Divorce vs Absolute Divorce in Maryland

People call me all the time asking about these two different types of divorce in Maryland. The easiest way to understand the difference is to understand what each divorce type is trying to accomplish. The limited divorce is there to assist people with the issues to be resolved pending the grounds for absolute divorce maturing. So for example if you have children and/or the need for spousal support and you are separated from your spouse and they will not help you or they are fighting with you over the children for custody, then you can file for a limited divorce with out waiting for one year before you can file as required in the absolute divorce. The court will hear those temporary issues and decide on them more quickly with the limited divorce. You are still married with the limited divorce but these temporary issues are resolved. The absolute divorce by contrast is the final resolution of the marriage and address all the issues of your divorce on a permanent basis. Please feel free to call me if you have questions. I am happy to answer for you right over the phone 1-888-760-7339

Divorce in Maryland: The Issue of Commingled Funds

Any property that is acquired during the marriage that cannot be directly traced to a non-marital source is considered marital property. The party who asserts a marital property interest bears the burden of producing evidence of the identity and value of the property. Furthermore, the party attempting to demonstrate that property acquired during the marriage is non-marital must directly trace the property to a non-marital source. Noffsinger v. Noffsinger, 95 Md. App. 265, 620 A.2d 415 Md. App., 1993. Without further evidence or testimony, the mere fact that non-marital funds rested in the same account as marital funds does not compel the conclusion that the funds commingled. The character of the non-marital property may be preserved if its origins can be traced to non-marital property. West's Ann. Md. Code, Family Law, § 8-201(e).

Grounds for Divorce in Maryland

Once you confirm Maryland has jurisdiction over your divorce action you next move to the issue of whether you have grounds to seek a divorce in Maryland. There are multiple grounds for divorce in Maryland. I am writing today only about those that are based on one year and a day separation. Each of these grounds require that you are separate and apart from your spouse for one year and one day before you can file the complaint for absolute divorce. There are two exceptions to this rule. One if your spouse is committing adultery and two if your spouse is treating you with excessively vicious conduct. The grounds that are available to you under the one year rule are desertion, constructive desertion and mutual and voluntary agreement to separate. Each requires this one year and one day separation for the entire year and a day, uninterrupted and continuously, without any hope of getting back together. Once you spearate you are legally separated. There is nothing to file with the court to make you more legally separated. Once you separate you have separated for purposes of the one year and a day requirements. If you have questions please feel free to call 1-888-760-7339.

Divorce in Maryland Income Defined

For Maryland child support issues income is defined as follows:

(b)(1) "Actual income" means income from any source.
(2) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "actual income" means gross receipts minus ordinary and necessary expenses required to produce income.
(3) "Actual income" includes: (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend income; (vi) pension income; (vii) interest income; (viii) trust income; (ix) annuity income; (x) Social Security benefits; (xi) workers' compensation benefits; (xii) unemployment insurance benefits; (xiii) disability insurance benefits; (xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim; (xv) alimony or maintenance received; and (xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses

Default Judgment and Child Support in Maryland Divorce

Occasionally I have a case where the plaintiff is the non custodial parent and seeks a divorce from the other. However, once served the custodial spouse fails to file any answer. As such naturally we move forward with the request to the court to enter a default judgment. Recently I have this very case. Once we arrived at the master's hearing on the default, as expected the issue of child support was addressed. Testimony before the master established my client's income and the custodial parents income was reduced to minimum wage as no one knew her income. You will not divorce in Maryland with out child support being ordered.

Divorce in Maryland

In any divorce in Maryland the court will consider extraordinary medical expenses as part of the child support obligation. I receive several calls on this issue each week from people interested to know if braces are included. The answer is yes braces are included. So having said that, extraordinary medical expenses are defined: Extraordinary medical expenses
(g)(1) "Extraordinary medical expenses" means uninsured expenses over $100 for a single illness or condition.
(2) "Extraordinary medical expenses" includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.

Additionally, just to mention the list of added cost in determining the child support amount also include actual child care expenses incurred due to either parent's employment, FL § 12-204(g); extraordinary medical expenses, FL § 12-204(h); special or private school expenses, FL § 12-204(i)(1); expenses for transportation of the child between the parents' homes, FL § 12-204(i)(2); expenses related to medical support, FL § 12-101(d); and a requirement that a parent include the child in that parent's health insurance coverage, FL § 12-102(b). That is the extent of payments that are child support, or are in the nature of child support, under Maryland law.

Divorce In Maryland The Finite List of Issues

Divorce in Maryland revolves around a finite list of issues to be resolved. The issues can be resolved by agreement between the parties or if the parties can not agree then the court will decide the issues for the parties. I have outlined in brief the list of issues. You can following the links to more detailed information or if you prefer you can call my office. We will discuss the issues over the phone at not cost to you.

Jurisdiction and Venue
Grounds for Divorce
Child Custody
Visitation
Child Support
Use and Possession
Contribution
Alimony
Marital Property
Marital Debt
Attorney Fees
Suit Money

Marriage Type Relationship Affecting Alimony in a Maryland Divorce

As we see in Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007 living in marriage type relationship is a factor the court can consider in modifying a post divorce award of alimony to the financially dependant spouse. So how does the Maryland divorce court define marriage type relationship see Fisher v. Fisher75 Md.App. 193, 540 A.2d 1165Md.App.,1988 although there is obviously no single mold into which all marriages (and therefore all “marriage-type relationships”) will fit, we think that the term envisions at least the normally accepted attributes of a marriage-a common residence which each party regards as his or her home, a common household to which each contributes, and a personal relationship that is more than casual and has significant meaning to each. These things are measured, of course, by living arrangements, by shared assets and expenses, and by how the parties and the community view their relationship.

Indefinite Alimony In a Maryland Divorce

Does a marriage type relationship outside and during the marriage as well as post divorce affect the alimony payment? The Maryland courts had stated that circumstance is a factor for the court to consider in awarding alimony and presumably continuing alimony post divorce see Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007.

By way of history the essential purpose of alimony was changed with the adoption of the Maryland Alimony Act in 1980. The principal function of alimony once had been maintenance of the dependent spouse's standard of living. However, when the Act was passed that function became rehabilitation of the economically dependent spouse. Karmand v. Karmand, 145 Md.App. 317, 327, 802 A.2d 1106 (2002). As such the law generally favors fixed-term or so-called rehabilitative alimony,’ rather than indefinite alimony.” Simonds v. Simonds, 165 Md.App. 591, 605, 886 A.2d 158 (2005)

There are of course exceptions to favoring fixed alimony. They are found in section 11-106(c) of the Family Law Article. First, the court has discretion to award indefinite alimony if, “due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting. And second, the court may award indefinite alimony upon a finding that, “even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.”

Under the Alimony Act, an award of alimony ceases, automatically, upon the remarriage of the recipient. However, the Act does not provide that alimony cannot be awarded, or, if awarded, terminates, or must be terminated, if the recipient lives in a “marriage type relationship” with another person. That circumstance is relevant according to the Whittington court as a consideration of the financial status of the party requesting the award. Additionally it also is relevant to whether the post-divorce disparity in the parties' standards of living is or is not conscionable.

Divorce In Maryland. Can I Force My Spouse Out of the House?

I receive maybe 25 calls a week on this subject. The answer is maybe and it depends.

If there is an act of violence or the threat of violence, then yes you can force your spouse out of the house under the Maryland Domestic Violence Statue.

Also, obviously the answer is yes if your spouse simply agrees to leave.

However, will Maryland law order your spouse from the home, absent violence. The answer appears to be no. Assume you have a spouse and a minor child. Your spouse will not leave. What can you do to get them out of the house? Will Maryland Divorce law help you in this situation? In a typical custody battle, the court can award use and possession when the parties are separated. This use and possession order will keep your spouse out of the home. However if the spouse refuses to leave then what? It is true that parties can pursue a limited divorce in Maryland based upon constructive desertion and still live under the same roof. This is a recent and some what dramatic change of position for the courts in Maryland. See Ricketts v Ricketts. Oddly Maryland Family Law Article 5-203 states the court does not have the power to award custody to either party when the parties are not separated. This was addressed by the Ricketts court and it was determined that 5-203 must be read in conjunction with § 1-201(a) and (b). The ultimate conclusion of the court is the trial court, in short, has the jurisdiction and power to determine the custody, visitation, and support even when the parties continue to live together. You will note Ricketts did not mention the right to order use and possession. As such the court will grant you custody and support but still will not order your spouse out. This decision makes sense when you realize Maryland public policy as reflected in Maryland divorce law wants marriages to survive and families to stay together.

Child Custody Factors in Maryland Divorce

As we know custody in a Maryland Divorce occurs on two different levels. There is legal custody and physical custody. Before a judge makes a determination as to what is in the child's best interest the judge will consider a number of factors on both of these issues. As to physical custody: The factors a judge considers as to physical custody are as follows:1) fitness of the parents; 2) character and reputation of the parties; 3) desire of the natural parents and agreements between the parties, 4) potentiality of maintaining natural family relations, 5) preference of the child, 6) material opportunities affecting the future life of the child; 7) age, health and sex of the child; 8) residences of parents and opportunity for visitation; 9) length of separation from the natural parents; and 10) prior voluntary abandonment or surrender.

While the court considers all the above factors, it will generally not weigh any one to the exclusion of all others. The court should examine the totality of the situation in the alternative environments and avoid focusing on any single factor such as the financial situation.

In my experience the judge will reward reasonable behavior by a parent in promoting the relationship between the child and the otherwise non custodial parent. Oddly the best way to win the war is not to battle. That does not mean go to war unprepared. And this does not apply to every case. There are circumstances where a parent actually does cause harm to the child. In this case there must be contact that is controlled. However, you must think in terms of what is best for the child. Understand judges generally believe that a child benefits from both parents being involved in their lives. The party that promotes relationships and encourages contact, tempered by reasonable decision making, is far ahead in the custody battle.

Child Custody in a Maryland Divorce

Maryland Child Custody Law revolves around the simple concept of what is in the child's best interest. Custody happens on two different levels, which are themselves further broken down into two levels. You have Legal Custody, further broken into sole and joint, and you have Physical Custody, further broken into sole and shared. It is interesting to note that the Court in Maryland can not enter an order for pendente lite custody when the parties continue to reside together. See Maryland Family Law Article 5-203.

Legal Custody: Sole Legal Custody and Joint Legal Custody.

Sole Legal Custody is where only the custodial parent has the right to make the decisions affecting health, education and welfare.

Joint Legal Custody is where both parents share equally in decision affecting the health, education and welfare of the minor child.

Physical Custody is where the child lives. Physical Custody is also broken down into two different categories. You have either Sole Physical Custody or Shared Physical Custody. Once a non custodial parent enjoys Shared Physical Custody it means two things (1) he/she has the child with them in excess of 128 over nights per year and (2) the child support obligation is affected by the overnights with the otherwise non custodial parent. You will find many people fight over the 128 overnights. In order for a non custodial parent to reach the 128 number they must establish it is in the child's best interest.

Please feel free to call me to discuss your custody case. I am more then happy to talk with you over the phone at no cost to you and answer any questions you may have regarding a divorce in Maryland. 1-888-760-7339.

Alimony in maryland divorce

Alimony may be obtained in: (1) Complaint for Support; (2) Limited Divorce; or (3) Absolute Divorce.
Alimony can be: (1) Temporary; (2) Rehabilitative; or (3) Indefinite.
Alimony is subject to modification if: (1) a separation agreement does not say it is “not subject to modification” and (2) it is awarded and the party seeking to modify does so during the term of the alimony and can show a material change of circumstances.
For many years alimony was awarded only to a wife, but Family Law § 11-101(b) now provides, "The court may award alimony to either party." This change in language was in accordance with the Equal Rights Amendment, adopted in 1972. In Bricker v. Bricker, the court used the descriptive designations "economically dependent spouse" and "economically independent spouse" to identify the parties. Following tentative beginnings, alimony law has developed with alarming speed. By the late 1970s the case law had exploded. The aim of an alimony award was to assure suitable maintenance for the economically dependent spouse.
The courts established factors to be considered in making awards.
FACTORS:
(1) the ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of the parties; (see Caccamise 747 A.2d 221 Trial court, in the exercise of its judgment, after considering statutory factors, may award alimony to the "guilty" party).
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income; (ii) any award made under §§ 8-205 and 8-208 of this article; (iii) the nature and amount of the financial obligations of each party; and (iv) the right of each party to receive retirement benefits; and
(12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health - General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

Divorce in Maryland Claiming Counsel Fees

As part of your claim for relief in any contested divorce case you generally always ask the court to award your client counsel fees. I believe this builds in an element of pressure on the other side to force reasonable conduct. Also, there is the obvious need and justification in many cases. So what is the basis for the court to award counsel fees?. You will find the statutory authority in the Family Law Articles at sections 7-107 also 8-214 and again at 11-110. It is necessary to prove two elements to pursue the fees award. Specifically: (1) the financial resources and financial needs of both parties; and (2) whether there was substantial justification for prosecuting or defending the proceeding.

Divorce in Maryland Private School and Child Support

Maryland child support is based upon mandatory guidelines. factors that are considered in determining the amount of child support, include but are not limited to, cost incurred in private school education. Whether this cost should or should not be considered in the child support calculation depends upon the parties agreement or if the parties can not agree, then the court's order. As such the court looks at a number of factors to determine if the private school tuition should be made a part of the child support calculations. The factors can be found in the case of Witt v. Ristaino, 118 Md.App. 155, 701 A.2d 1227 (1997). These factors include (1) “the child's educational history,” (2) “the child's performance while in the private school,” (3) “ family history,” (4) “whether the parents had made the choice to send the child to the school prior to their divorce,” (5) “any particular factor that may exist in a specific case that might impact upon the child's best interests,” and (6) “the parent's ability to pay for the schooling.”

Maryland Child Custody Law

Maryland Child Custody Law revolves around the simple concept of what is in the child's best interest. Custody happens on two different levels, which are themselves further broken down into two levels. You have Legal Custody, further broken into sole and joint, and you have Physical Custody, further broken into sole and shared. It is interesting to note that the Court in Maryland can not enter an order for pendente lite custody when the parties continue to reside together. See Maryland Family Law Article 5-203.

Legal Custody: Sole Legal Custody and Joint Legal Custody. Sole Legal Custody is where only the custodial parent has the right to make the decisions affecting health, education and welfare. Joint Legal Custody is where both parents share equally in decision affecting the health, education and welfare of the minor child.

Physical Custody is more interesting then legal Custody. Physical Custody is where the child lives. Physical Custody is also broken down into two different categories. You have either Sole Physical Custody or Shared Physical Custody. Once a non custodial parent enjoys Shared Physical Custody it means two things (1) he/she has the child with them in excess of 128 over nights per year and (2) the child support obligation is affected by the overnights with the otherwise non custodial parent. You will find many people fight over the 128 overnights. In order for a non custodial parent to reach the 128 number they must establish it is in the child's best interest. The court looks at the factors in a case call Taylor v Taylor to help the judge make the difficult decisions on whether to order sole joint custody or shared physical custody.

Divorce In Maryland

In any divorce in Maryland there are a finite list of issues to be resolved. The issues can be resolved by agreement or the issues can be decided by court order. If you would like to learn more about each of the issues Please feel free to call me. I am happy to discuss the divorce process in Maryland, over the phone at no cost to you. I have outlined the list of issues below for your review.

Jurisdiction and Venue
Grounds for Divorce
Child Custody
Visitation
Child Support
Contribution
Alimony
Marital Property
Marital Debt
Counsel Fees
Suit Money

Gifts and Pre-Marital Assets As Marital Property

The Marital Property Act” (“Act”). Section 8-201 defines marital property:

(e)(1) “Marital property” means the property, however titled, acquired by 1 or both parties during the marriage.

(2) “Marital property” includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement.

(3) Except as provided in paragraph (2) of this subsection, “marital property” does not include property:

(i) acquired before the marriage;

(ii) acquired by inheritance or gift from a third party;

(iii) excluded by valid agreement; or

(iv) directly traceable to any of these sources.

So what about an asset that appreciated during marriage but was acquired by gift or was pre-marital then can the other non owner spouse share in the post marriage appreciation as marital property. Well maybe yes. If either spouse used their efforts to help the asset gain value during marriage, then certainly yes it is marital property. However the value is marital property only to the extent you can prove the efforts produced the specific value. At least as it relates to stocks since it appears not to relate to trailer parks. Additionally or otherwise if the owner spouse was able to re-invest post marriage appreciation, such as for example dividends, from the assets then yes again as long as the non owner spouse can prove they maintained the household expenses which permitted the re-investment. But you can not share if the post marriage appreciation was purely passive. Meaning the assets gained value with no help from anyone or with out reinvestment of money otherwise needed and available to the owner spouse. For more information feel free to call my office or visit http://www.yourmarylandlawyer.com