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Can you tell me what state you've been residing in (and I assume, the state that would have jurisdiction over the divorce)?
I understand. But you mentioned that you've been residing in the US for 10 years.
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.
One moment while I get this information to you...
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.
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.
The court shall consider all the factors for a fair and equitable alimony award, including: but not limited to:
I know that this is a pretty long list, but that's what the court is going to consider.
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.
In a marriage as long as yours, the distribution would be close to 50/50, although ongoing alimony could also be awarded.
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