Rockville Family Law Blog

Under Maryland law, when an individual is no longer able to take care of themselves, a guardian may be appointed by the court. This inability to care of one's self may come about due to illness, injury or mental disability. There are different types of guardians. A person can be a guardian of the property, which means that the disabled individual is unable to make decisions about their property. They might also be a guardian of the person, which means that an individual is unable to make decisions regarding their food, shelter or healthcare. Some situations allow the same person to be both, which means they have a generalized authority over the individual's care. A guardian is expected to always act in the best interest of the disabled person.

Actions that are within the authority of the guardian of the property include selling property, negotiating with creditors, paying claims, retaining assets and borrowing money. A guardian of the person has the authority to make decisions about the disabled person's clothing, shelter, food and health care. This includes consenting to healthcare treatments and treatments that sustain an individual's life. The guardian must secure court authorization before making a decision that poses a considerable risk to the disabled individual. An individual who is guardian of both property and the person has the same authority and responsibility as a parent does over their child.

If you are seeking spousal support during a divorce, our attorneys at Fait, Wise & DiLima, LLP may be able to help advocate for your position. During a court hearing, a judge considers various factors before awarding alimony, and we are prepared to utilize all our legal knowledge to help you possibly obtain a fair alimony award.

In Maryland, courts consider 12 different factors when making a ruling about alimony payments after a divorce. Some of those factors are the length of the marriage, the reasons for the divorce and the ability of the recipient to become self-sufficient. The financial resources and needs of both ex-spouses are also taken into account along with the ability for the paying individual to afford the alimony payments.

Maryland courts follow specific procedures when determining how to dispose of a couple's property through divorce. The first step is to determine whether property is considered separate or marital property. Marital property is generally the property that either you or your spouse acquired during your marriage, such as a bank account, real estate, business, vehicle, furniture, securities, retirement plan or pension. Professional licenses obtained during the marriage are not considered marital property, however.

Separate property is considered property that is not part of the marital estate. Gifts received by one spouse from a third party, as well as inheritances received during the marriage, are normally considered separate property. However, if separate property is commingled with marital property, it may become marital property.

Maryland recognizes both same-sex marriage and same-sex partnerships as valid, legal relationships. Spouses and partners of state employees have been eligible under state law to receive benefits as dependents of their state employee spouses/partners. For people who entered into same-sex marriages in other states where the marriages are also recognized as legally valid, Maryland recognizes those marriages as well, making their dependent spouses/partners equally able to access state benefits.

The State of Maryland Employee Benefit Program began authorizing coverage for same-sex spouses and domestic partners of state employees in 2009. Employees and their spouses/partners who are at least 18 years old, of the same sex, not related and have been in the committed relationship for at least 12 months are eligible.