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When most people think about dividing marital property in a Maryland divorce, homes, retirement accounts, and bank accounts come to mind. But in high-asset and high-income marriages, the most valuable financial interests are often more complex and far easier to overlook.
Maryland follows an equitable distribution standard, meaning marital property is not automatically split 50/50. Instead, the court considers multiple factors to determine what is fair. That makes identifying, valuing, and classifying assets critical, especially when substantial income, business interests, deferred compensation, and investment structures are involved.
Below are the top 10 overlooked assets we frequently see in Maryland divorce cases and why they matter.
Jump to Section:
- 1. Restricted Stock Units (RSUs) and Stock Options
- 2. Deferred Compensation Packages and Bonuses
- 3. Business Interests and Professional Practices
- 4. Trusts and Inheritance-Related Accounts
- 5. Cryptocurrency and Digital Assets
- 6. Deferred Tax Assets and Loss Carryforwards
- 7. Airline Miles, Travel Points, and Lifestyle Memberships
- 8. Intellectual Property and Royalties
- 9. Life Insurance With Cash Value
- 10. Private Investments and Alternative Asset Holdings
- Why These Assets Matter in Maryland Divorces
- About the Author
1. Restricted Stock Units (RSUs) and Stock Options
Executives and high-income professionals may receive company stock through RSUs, stock options, or employee stock purchase plans. These are often tied to vesting schedules, performance milestones, or future employment.
RSUs and options may be:
- Partially vested
- Non-vested but earned during the marriage
- Subject to future valuation
Maryland courts may treat portions of these assets as marital property, even if they are not yet accessible. Proper valuation and division often require forensic review and custom drafting of division language in QDRO-style orders or settlement agreements.
2. Deferred Compensation Packages and Bonuses
High-earners frequently receive delayed or contingent compensation, including:
- Signing bonuses
- Annual or multi-year bonuses
- Retention bonuses
- Profit-sharing
- Phantom equity
These payments may be structured to avoid immediate taxation or tied to future performance or company milestones. Whether they are considered marital property depends on when they were earned, not when they are paid.
3. Business Interests and Professional Practices
Business ownership, even partial ownership, may be one of the largest assets in a marriage.
This includes:
- Family-owned companies
- Professional practices (medical, dental, legal, accounting)
- Partnerships and LLC interests
- Startups and early-stage equity
Maryland courts distinguish between enterprise goodwill (transferable value of the business) and personal goodwill (value tied to the owner’s reputation and labor). A proper business valuation is essential, especially where retained earnings, cash flow, and compensation structure are intertwined.
4. Trusts and Inheritance-Related Accounts
Trusts involving significant wealth may be overlooked, especially those created before marriage.
Important distinctions include:
- Revocable vs. irrevocable trusts
- Whether the trust distributions were commingled
- Whether the trust includes a marital contribution or increased value due to marital labor
Even if a spouse does not have present access to trust funds, anticipated future distributions may influence alimony or financial planning considerations.
Your Family. Your Rights. Our Priority.
Baumohl Hamburg: Trusted Family Law Representation in Maryland
5. Cryptocurrency and Digital Assets
Crypto may include:
- Bitcoin, Ethereum, or established coins
- NFTs
- Staking rewards
- Online wallets like Coinbase or Binance
Digital assets may be intentionally concealed or simply forgotten. Maryland law allows for digital discovery and forensic tracing, especially when there are signs of hidden transactions or unexplained withdrawals.
6. Deferred Tax Assets and Loss Carryforwards
Sophisticated portfolios may include:
- Capital loss carryovers
- Net operating loss (NOL) carryforwards
- Deferred tax benefits
- Depreciation schedules
These can reduce future tax liability and therefore have real monetary value, particularly for business owners and investors.
7. Airline Miles, Travel Points, and Lifestyle Memberships
While not the biggest-ticket item, these perks may be worth tens of thousands of dollars, especially for high-income households with:
- Amex Platinum or Business Gold accounts
- Marriott, Ritz-Carlton, or Hilton status
- Private aviation memberships
- Club or yacht memberships
These are marital benefits subject to negotiation, particularly where travel is a substantial lifestyle component.
8. Intellectual Property and Royalties
Creators, entrepreneurs, and professionals may hold income-producing intellectual property such as:
- Patents
- Royalties
- Licensing agreements
- Published works
- Digital content platforms
Even if income is not yet realized, future earnings may be marital if the intellectual property was developed during the marriage.
9. Life Insurance With Cash Value
Permanent life insurance, especially high-value private placement or whole-life policies may carry:
- Cash value
- Investment components
- Loan ability
- Dividends
Many people assume life insurance is only about death benefits, but the equity built in these policies may be divisible marital property.
10. Private Investments and Alternative Asset Holdings
High-net-worth households may hold:
- Private equity
- Venture capital funds
- Hedge fund commitments
- Mineral rights
- Real estate syndications or passive partnerships
Many of these investments require valuation beyond a simple statement review, and withdrawal restrictions or future payouts must be addressed.
Why These Assets Matter in Maryland Divorces
These overlooked assets can significantly impact:
- Property division
- Alimony or spousal support
- Child support calculations under high-income adjustments
- Post-divorce financial stability
Failing to identify or value them properly can result in long-term financial inequity.
Protecting Yourself: Your Next Step Matters
If you are entering, considering, or actively involved in a divorce involving substantial or complex assets, early legal strategy is essential. Gathering financial documents, avoiding impulsive concessions, and working with experienced divorce attorney can protect wealth and prevent unintended financial consequences.
Talk With a Maryland Family Law Firm Experienced in High-Asset Divorce
At Baumohl Hamburg LLC, we work with business owners, executives, professional families, and individuals with complex financial marital estates across Maryland.
We handle:
- Asset tracing
- Business valuations
- QDRO implementation
- Dissipation and financial misconduct claims
- Settlement negotiations and litigation strategy
If you believe a divorce may be approaching (or already underway) we invite you to schedule a confidential consultation.
Your financial future deserves preparation, clarity, and strong advocacy.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
About the Author
Harry A. Baumohl, Esq., a founder of Baumohl Hamburg, LLC, stands among Maryland's elite family law practitioners, bringing: Over Four Decades of Proven Excellence; Established track record in complex family law matters; Strategic location serving Baltimore County and surrounding jurisdictions.
Specialized Expertise in High-Stakes Family Law Cases
- Complex divorce litigation for high-net-worth and high asset individuals and families with sophisticated asset division and financial untangling.
- High-conflict custody and parenting disputes.
- Prenuptial Agreements, Preventive Planning, Mediation and Collaborative Law solutions.
Distinctive Approach to Client Representation
- Results-driven methodology backed by decades of experience and success.
- Strategic thinking combined with emotional intelligence mixed with calm, measured guidance during turbulent times.
- Proactive communication and responsive client service.
Geographic Reach
- Primary office in Pikesville, Baltimore County
- Active practice throughout: Baltimore County; Baltimore City; Carroll County; Harford County; Howard County & Anne Arundel County.
Ready to benefit from Harry's unique blend of experience and strategic thinking?
- For Clients: Visit our website at www.BahaLaw.com. And for direct access feel free to schedule a confidential consultation to discuss your family law matters. Direct access to seasoned counsel who understands the complexities of Maryland family law. Harry@BahaLaw.com.
- For Professionals: Our firm welcomes strategic partnerships with attorneys and other professionals seeking experienced Maryland family law counsel for their clients. We offer comprehensive case collaboration and maintain the highest standards of professional service. For referral inquiries: Harry@BahaLaw.com
