Category: Divorce and Family Law

Indefinite Alimony and Signing Bonuses in Maryland

Maryland Court of Special Appeals Analyzes Signing Bonuses with Strings Attached and Indefinite Alimony Bryant v. Bryant, 220 Md. App. 145 (Md. Ct. Spec. App. 2014) Held: The Circuit Court for Anne Arundel County (the circuit court) did not abuse its discretion in awarding Wife indefinite alimony, Md. Code Ann., Fam. Law 11-106(c)(2), based on the employment of Wife, the lifestyle she and Husband enjoyed, Husband’s ability to pay alimony, disparity in parties income, Wife’s responsibility for the children, inability of Wife to save for retirement, and Husband’s incentive payments from employer. Loan payments by Husband’s employer, despite their vesting requirements, were more akin to a signing bonus, and therefore were considered income. Facts: In 2010, Husband accepted a job with UBS as a financial advisor. Husband’s income was structured in the form of a $1,305,000 loan. Under the unconventional payment structure, Husband would receive a series of payments pursuant

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Mutual Consent Divorce

Maryland Legislature Creates Path to Quicker Divorce During the 2015 Legislative Session the Maryland General Assembly passed SB472 Family Law Grounds for Divorce Mutual Consent. The new law takes effect October 1, 2015. With this action, the legislature has made the divorce process for some married couples seeking a divorce much easier and less time consuming. To obtain a divorce in Maryland, a party must be able to prove their grounds for the divorce at the time of filing. The grounds for divorce in Maryland include the following: Adultry No waiting time is required Desertion Presents in the form of actual or constructive desertion and one year must have passed Conviction of a felony or misdemeanor After incarceration for a minimum of one year on a sentence of three years or more One year of Separation Must live separate and apart and without cohabitation for one year without interruption Insanity

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Paternity Paradox

Court of Special Appeals of Maryland Considers Fatherhood, Donated Embryos, and In Vitro Fertilization Sieglein v. Schmidt, No. 2616 Sept. Term. 2013, 2015 WL 5021392, at *2 (Md. Ct. Spec. App. Aug. 25, 2015) Held: The Court of Special Appeals of Maryland affirmed an order of the Circuit Court for Harford County finding that the father was in fact the legal parent of minor child, despite the fact that child had been conceived through in vitro fertilization (IVF) via donated sperm and egg during the marriage. Facts: Parties met on a dating website and, each bringing children from prior relationships, were married shortly thereafter. Prior to meeting his new wife, father had a vasectomy, and during their months dating had expressed his desire not to have any more children. Despite this, following their marriage, mother expressed a desire to have another child. Father refused to undergo a reversal of the

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