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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16219
Experience:  Licensed Texas General Practice Attorney
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I have lived in USA for 10 years I want to go back to Scotland

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I have lived in USA for 10 years I want to go back to Scotland but my husband does not. I have been married 28 years if I went would I be entitled to anything?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me what state you've been residing in (and I assume, the state that would have jurisdiction over the divorce)?

Customer: I was married in Scotland UK.
ScottyMacEsq :

I understand. But you mentioned that you've been residing in the US for 10 years.

ScottyMacEsq :

Can you tell me what state you've been residing in (and I assume, the state that would have jurisdiction over the divorce)?

Customer: Maryland.
ScottyMacEsq :

Thank you. The reason I asked that question is that, even though you were married in Scotland, the state where you both reside would have jurisdiction over any separation / divorce situation, and thus Maryland law would apply as to a property distribution. Note, however, that you're not automatically entitled to property if you stay married, but just have an informal separation.

ScottyMacEsq :

One moment while I get this information to you...

ScottyMacEsq :

In Maryland, the court is going to distribute marital property in an "equitable" manner. "Marital Property" means the property, however titled, acquired by one or both parties during the marriage. This includes income earned, savings set aside, and retirement and/or pension rights accrued during the marriage by either spouse.

In Maryland "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.

In Maryland "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.

When considering the distribution of Marital Property in Maryland, the court considers the following factors:

(1) Monetary and Nonmonetary Contributions;
(2) Value of the Property and the Economic Circumstances;
(3) Circumstances Contributing to Estrangement;
(4) Age and Physical and Mental Condition of the Parties;
(5) How and When Specific Marital Property was Obtained, Including Contribution by Either Party in Tenants by the Entireties Real Estate;
(6) Award of Alimony;
(7) Other Factors, including Potential Tax Consequences

Even when assets are disposed of by agreement of the parties, those assets must be considered in making a monetary award upon divorce of the parties.

ScottyMacEsq :

The court can also award "alimony" to you. This is a periodic payment of a certain sum to help you maintain a roughly similar quality of life.

ScottyMacEsq :

The court shall consider all the factors for a fair and equitable alimony award, including: but not limited to:

  • the ability of the parties seeking alimony to be wholly or partly self-supporting;

  • the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;

  • the standard of living that the parties established during their marriage;

  • the duration of the marriage;

  • the contributions, monetary and nonmonetary, of each of the party to the well-being of the family;

  • the circumstances that contributed to the estrangement of the parties;

  • the age of each party;

  • the physical and mental condition of each party;

  • 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;

  • any agreement between the parties;

  • the financial needs and financial resources of each party, including:

  • all income and assets, including all property that does not produce income;

  • any monetary award concerning property and award of possession and use of the family property

  • the nature and amount of the financial obligations of each party; and

  • the right of each party to receive retirement benefits; and

  • whether the award would cause a paying spouse or a spouse who is a resident of a care facility with more than two patients to become eligible for medical assistance earlier than would otherwise occur.

ScottyMacEsq :

I know that this is a pretty long list, but that's what the court is going to consider.

ScottyMacEsq :

The fact that you're moving away is not really a consideration, in that you would be eligible if moving to Scotland as much as you would be if you were moving next door.

ScottyMacEsq :

In a marriage as long as yours, the distribution would be close to 50/50, although ongoing alimony could also be awarded.

Customer: Thank you .
ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

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