QUESTION
If one of you in the marriage wants a d'ivoire and the others doesn't what happens
Asked on Sep 01st, 2016 on Divorce - Maryland
More details to this question:
We were married in 2000 and have been separated for 5 years. He will not give me a divorce and continuously threaten to take half of my 4014K and retirement when I ask. I have feared perhaps the inevitable. He has not contributed 1 cent to his two kids or their well being in 5 years Is he still eligible for half of my assets?
1 ANSWER
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In Maryland, a spouse doesn't have to "give" another spouse a divorce. It would be a contested divorce. It appears at least on of the grounds for the divorce in this cas would be living separate and apart for at least two years.
Moreover, Maryland is not a community property state. As a result, the division is based on equity. The court looks at, among other things, the length of the marriage.
If you are concerned about your 401K, you probably have sufficient money to consult and hire a lawyer to protect your assets and your children.
Answered on Sep 10th, 2016 at 4:35 PM