Steven J. Gaba - Rockville Family Law Attorney
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When are your marital assets valued?

A great deal of time can lapse from the moment you and your spouse choose to separate to the date you are actually granted a divorce. Unresolved disputes, multiple complex issues to work through and even the availability of the court may cause your proceedings to be drawn out for months or even years. During that time, both you and your soon-to-be ex-spouse will no doubt begin to take steps towards moving on with your lives in Rockville. What happens, then, to the value of your marital assets during that time? 

Say that your spouse started their own business while you were married. In the time during which you were working through your separation and divorce proceedings, the value of the business increases significantly. Your spouse may argue that it was only after you had separated that the business began to take off, and as such, your interest in it should be determined off of what the company was worth at the time or your separation rather than its current value. 

A compelling argument might be made for such a claim, yet ultimately, the state of Maryland has already set a standard for valuing marital assets during divorce proceedings. That standard was echoed in a ruling issued by the state's Court of Special Appeals: "assets acquired by either or both spouses during marriage, regardless of title, constitute marital property, and unless otherwise agreed, are to be valued as of the date of the decree of absolute divorce based upon the evidence produced at trial." Therefore, whatever stake you have in a marital asset will be determined off its value on the date your divorce becomes final. 

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