When a couple chooses to divorce in Maryland, the court must decide several important financial issues — including how to divide property, whether alimony is appropriate, how much child support should be paid, and whether one spouse should contribute to the other’s attorney’s fees.

A recent decision from the Appellate Court of Maryland, Sims v. Sims (June 30, 2025), helps clarify how these decisions should be made. The court sent the case back to the trial court because several key financial rulings were incorrect or incomplete.

If you are going through a divorce in Maryland, here are the major lessons from the case — explained in simple terms.

---

1. Dividing Marital Property Must Follow Maryland’s Required Three-Step Process

Maryland law requires judges to follow a very specific process before awarding a spouse a “monetary award” (a lump-sum meant to fairly divide marital property).

The trial court in Sims skipped or mishandled some steps, so the appellate court ordered the case to be redone.

Maryland’s 3 required steps:

Step 1: Identify what is marital property.
Marital property is anything acquired by either spouse during the marriage, even after separating, up until the date of divorce — unless it fits into an excluded category (like gifts from third parties, inheritance, or property set aside by a valid agreement).

Step 2: Determine the value of each marital asset.
The judge must put a number on each item. Values must be accurate and based on evidence.

Step 3: Decide whether a monetary award is needed and apply the legal factors.
The court must consider 11 statutory factors before deciding what is fair and equitable.

Maryland courts must follow this structure because the Family Law Article §§ 8-201–8-205 defines marital property and explains how judges must evaluate and divide it.

What went wrong in Sims

• The court incorrectly labeled certain assets as “non-marital,” even though both spouses agreed they were marital.

• Several assets were double-counted or not counted at all.

• Retirement accounts were valued incorrectly.

• Dissipated (wasted) assets were miscalculated.

Because of these errors, the monetary award had to be vacated.

---

2. Property Bought After Separation Can Still Be Marital

A key takeaway: Just because something was purchased after you separated does NOT mean it’s non-marital.
In Maryland, property remains marital until the divorce in Maryland is final.

In Sims, this included:

• A 2017 Volvo still titled to both spouses

• A retirement plan (NAV) linked to work performed before separation

If both spouses contributed — even indirectly — the property is still marital.

---

3. Dissipation (Waste of Marital Money) Requires Proof

A spouse may claim the other “dissipated” assets — meaning they wasted marital money, especially during the breakdown of the marriage.

But the claiming spouse has the burden of proof.

In Sims, the court found errors because:

• It counted dissipation for years where no dissipation occurred.

• It relied on incorrect or incomplete evidence.

• Some spending was for marital or family purposes, not waste.

On remand, the trial court must redo the dissipation analysis correctly.

---

4. Alimony Must Match the Evidence

Maryland uses 12 factors to decide whether to award alimony.

In Sims, the court awarded the wife rehabilitative alimony for 3 years so she could “train and increase her income.”
The appellate court found no evidence that:

• Additional training would increase her income, or

• Her earnings could realistically rise in 3 years.

Because the conclusions didn’t match the actual testimony, the alimony award was vacated.

---

5. Child Support in High-Income Cases Must Be Justified

The couple in Sims earned well above Maryland’s child support guidelines.
In these “above-guidelines” cases, judges have flexibility — but they must still:

• Rely on actual expenses

• Explain how they arrived at the final number

• Consider both parents’ ability to pay

• Ensure the child maintains a lifestyle consistent with the parents’ income

The appellate court said the child support amount might have been correct, but the reasoning was not clearly explained.

Additionally, the trial court mistakenly started arrears on May 1, 2024, even though child support is usually retroactive to the initial filing date, unless the court explains why that would be unfair.

---

6. Attorney’s Fees Must Be Re-Evaluated When Other Financial Awards Change

Because the monetary award, alimony, and child support were vacated, the related attorney’s-fees award must also be re-decided.

All these financial issues are interconnected.

---

Why This Case Matters for You

If you are going through a divorce in Maryland, Sims v. Sims reinforces several important points:

✔ Maryland courts must follow strict rules when dividing property

✔ Assets acquired before the divorce in Maryland — even after separation — may still be marital

✔ Dissipation claims require solid proof

✔ Alimony must match the actual evidence, not assumptions

✔ Child support in high-income cases requires careful explanation

✔ Mistakes in one financial award affect all the others

If any part of your financial award was miscalculated, the entire package may need to be reconsidered.

---

Need help with a Maryland divorce?

If you’re facing property division, alimony, or child-support issues, it’s essential to ensure your rights are fully protected and the court applies Maryland law correctly.

J Kelley Law Group can help you understand your options and build a strong case.
📞 Contact us today to schedule a consultation.

 

________________________

FAQ: Common Questions About Divorce, Property, Alimony, and Child Support in Maryland

1. What counts as “marital property” in Maryland?

Marital property includes anything either spouse acquires during the marriage, up to the date of divorce — even if you were separated at the time. This includes cars, bank accounts, retirement plans, and investments unless they fall under a specific exception, like inheritance or a valid written agreement.

2. If we were separated, is property still considered marital?

Yes. In Maryland, property acquired before the divorce is final is still marital, unless it meets an exception. Separation does not automatically make new income or purchases “non-marital.”

3. What is a “monetary award”?

A monetary award is a tool Maryland courts use to fairly divide marital property when assets are not already split evenly or jointly titled. It is not the same as alimony.

4. How does the court decide alimony?

The judge must analyze 12 factors, including:

• Income and earning capacity

• Length of the marriage

• Financial needs

• Age and health of each spouse

• Contributions to the marriage

• Circumstances of the breakup

Alimony must be supported by actual evidence, not assumptions about future income.

5. What is “dissipation” of assets?

Dissipation happens when a spouse wastes or hides marital money, especially during the breakup of the marriage, to prevent the other spouse from receiving a fair share. The spouse accusing dissipation must provide proof.

6. How does child support work for divorce in Maryland when parents earn a lot?

In high-income cases (where combined income exceeds guideline limits), the judge has flexibility — but must still:

• Look at the child’s actual expenses

• Consider both parents’ ability to pay

• Make sure the child’s lifestyle reflects the parents’ income

• Parents can review the official Maryland Child Support Guidelines to understand how courts calculate support obligations, even in high-income cases

7. Can child support be made retroactive?

Yes. Maryland law allows child support to start from the date the request was filed unless doing so would cause an “inequitable result.” If the court doesn’t explain why retroactive support would be unfair, the order may be incorrect.

8. Are attorney’s fees always awarded?

Not always. The court looks at:

• Each party’s financial situation

• Whether one party caused unnecessary litigation

• The fairness of the overall financial outcome

Because alimony, property division, and child support affect each other, attorney’s-fee awards often must be reconsidered if other awards change.

9. What if the judge makes a mistake in dividing property or calculating support?

As Sims v. Sims shows, an incorrect monetary award can require the entire financial package to be re-evaluated, including alimony, child support, and attorney’s fees.
Appeals are possible — but must follow strict deadlines.

10. Should I get legal help for a divorce in Maryland?

Yes. Divorce in Maryland involves detailed financial rules and strict procedures. Misunderstanding a single asset, valuation, or income calculation can affect your entire future.