Social Security & Determination of Monetary Award

In a case of first impression, a point of law never before presented to a Maryland Court, the Court of Appeals has now provided guidance on how social security benefits shall be considered when dividing marital property in divorce cases.   In the case Jackson v. Jackson, Maryland’s highest court ruled that trial courts are now required to take into consideration the parties’ actual or anticipated social security benefits as a relevant factor under the Marital Property Act when determining whether to grant a monetary award to adjust the equities and rights of the parties in marital property. The basic facts in the Jackson case help explain the issue.  In essence, the parties wished to divide their assets equally and were able to do so with the significant exception of their retirement assets in the form of their pensions.  During the marriage, Husband was employed for the majority of his career as a federal worker and was eligible for the Civil Service Retirement System (CSRS) pension.  Federal workers who receive retirement benefits from the CSRS are ineligible by law to receive social security benefits.  Wife was also employed during the marriage and was eligible to receive retirement benefits and social security benefits.  The dispute between them related to the accounting of Wife’s social security benefits when calculating the division of their marital property. In form, a social security benefit is a monthly payment to a beneficiary much like any other pension payment.  Social security benefits may certainly accrue during the time of a marriage, but because social security is a federal program created by Congress, states are prohibited by the...

Who Is The Parent? – Custody & Visitation

While summer is traditionally the time for us to kick back and relax, the Maryland Court of Appeals has been quite busy in the family law arena with the release of two important decisions in July 2016. In the case Conover v. Conover, Maryland’s highest court recognized the doctrine of de facto parenthood.  A de facto parent is a person who has raised a child together with the child’s other legal parent. Recognition of the de facto parenthood doctrine will have especially important consequences for children who are born into families headed by same-sex couples.  In such families, the court has held that a de facto parent, the parent who has neither a biological nor adoptive relationship with a child, will have standing to pursue custody and visitation claims. Here are the basic facts of the case.  Michelle Conover and Brittany Conover were a couple in a committed same-sex relationship.  In 2009, before the recognition of same-sex marriages in Maryland, the couple decided to have a child together via artificial insemination.  They chose an anonymous sperm donor to resemble Michelle.  Through this procedure, Brittany gave birth to Jaxon, who was given Michelle’s last name.  A few months after Jaxon’s birth, the couple married in nearby Washington, DC.  While Michelle did not formally adopt Jaxon, she raised Jaxon with Brittany for the first two years of Jaxon’s life. Michelle and Brittany divorced and as a part of the divorce case, Michelle requested that the court award to her visitation with Jaxon.  Brittany did not agree and argued that Michelle was a “legal stranger” to Jaxon and, as such, had no...

Words Matter

As the Republicans and Democrats conclude their national conventions, we are increasingly aware of the importance of words in shaping our impression of candidates for the highest political office in our country.  We see discussions over the development of party platforms, the parsing of speeches by the candidates (and their spouses!), and the intense review of e-mails, tweets, and other forms of social media.  Words are one way – not the only way – that we human beings express our thoughts.  When we can put something into words, it is the starting point for understanding. In my work, I have noticed that many people I serve wish to achieve an “amicable” divorce.  The word amicable means friendly, affable, congenial, kindly, or sweet.  This is generally not what people are truly experiencing when confronted with the disappointment and heartache associated with the end of a relationship that was intended to be permanent.  Instead of the word “amicable” in relation to divorce, I prefer to use the word “uncontested.”  This means that parties have figured out a way to resolve any differences between them, which are typically contained in the specific words in a marital settlement agreement. Such an agreement establishes for the parties the basic framework for matters of business in the dissolution for the marriage – including the disposition of assets and liabilities – along with issues related to support and arrangements for children.  Getting to an agreement during a divorce can be difficult.  While this process is usually not characterized as “genial” or “sweet,” this transaction can be conducted in a respectful and civil fashion. With a marital...