In Maryland, you and your spouse may enter into a valid and enforceable Marital Separation Agreement agreeing to alimony/child support, distribution of property rights, and other issues relating to debts, pets, furniture, insurance, retirement benefits, business interests, attorney fees/court costs, and bank accounts and investments.
Absent an agreed to provision to the contrary or an express waiver of alimony or spousal support, a court may modify a Marital Separation Agreement with respect to alimony or spousal support. Without regard to a Marital Separation Agreement, issues of child custody, child support, children’s education, and child visitation are always modifiable by a Maryland Court if such is determined to be in the best interests of the child. Absent a finding that there has been a material change in circumstances and/or a change would be in the best interest of the child, the Court will usually adopt and enforce the Marital Separation Agreement.
In Maryland, a Marital Separation Agreement may only be voided by the court if one spouse can prove that the Marital Separation Agreement is unconscionable, or was obtained through fraud, duress, or undue influence – all remarkably difficult standards. Because of this, and because not having an attorney is not a ground for voiding a Marital Separation Agreement, it is imperative that you seek legal advice before entering into a Marital Separation Agreement.
Call Staiti & DiBlasio, LLP for assistance – (410) 787-1123