Do I Need a Lawyer for a Divorce or Custody Case in Maryland?
August 5, 2025
What Maryland Law Says and What You Can Do
Discovering that your spouse is having an affair is a deeply painful experience. But when that betrayal is coupled with financial misconduct such as spending joint money on gifts, travel, rent, or support for the other person, it’s not just a personal issue. It can become a legal one.
At Baumohl Hamburg LLC, we help clients across Maryland understand how adultery and financial misconduct may impact their divorce, property division, and support outcomes. In this article, we’ll walk you through both practical steps and legal options if your spouse is using marital funds to support an affair partner.
Understanding Marital Funds in Maryland
In Maryland, property acquired during the marriage whether held jointly or individually is generally considered marital property, subject to equitable distribution upon divorce. That includes income, savings, and even some debt incurred during the marriage.
When a spouse uses marital funds to benefit a third party (such as paying for vacations, gifts, or rent for the person they’re having an affair with), that’s called dissipation of marital assets.
Dissipation is a legal term that refers to the wasting or misuse of marital assets for a purpose unrelated to the marriage. Under Maryland law, the courts can consider dissipation when dividing marital property, and in some cases, require the cheating spouse to reimburse the marital estate.
What Counts as Dissipation?
To raise a successful dissipation claim in Maryland, the spending must meet several criteria:
- It occurred during a period of marital breakdown (not simply during happier times in the marriage);
- It involved marital assets (joint funds, income, or even use of joint debt);
- It was for the sole benefit of the spouse or their affair partner (not for a legitimate family expense); and
- It was done without the other spouse’s consent or knowledge.
Examples of dissipation include:
- Expensive gifts such as jewelry or electronics
- Paying rent or living expenses for the affair partner
- Lavish vacations or hotel stays
- Using joint accounts or credit cards to fund dates, trips, or entertainment
- Cash withdrawals unaccounted for
Proving Dissipation in a Maryland Divorce
If you suspect or know that your spouse has used marital funds during an affair, documentation is key. Your attorney can help you gather evidence such as:
- Credit card and bank statements
- Travel records and hotel invoices
- Emails, texts, or social media messages
- Financial disclosures or transaction histories
Maryland law allows for discovery during the divorce process, meaning your attorney can subpoena records, request depositions, and conduct financial investigations to uncover hidden spending.
It’s important to raise the issue of dissipation early. Courts typically require that the accusing spouse identify specific transactions and show that the funds were spent for a non-marital purpose. Once that threshold is met, the burden may shift to the spouse who made the expenditures to justify them.
Will Adultery Affect Alimony or Custody?
In Maryland, although it is no longer a grounds for divorce, adultery is still legally relevant in some aspects of divorce.
- Alimony: Courts may consider adultery as a factor when awarding alimony, especially if the misconduct contributed to the breakdown of the marriage or affected the financial needs of the parties. However, alimony decisions are based on a broad set of factors, and adultery alone is not determinative.
- Child Custody: Custody is decided based on the best interests of the child, not fault in the marriage. However, if the affair involved neglectful behavior, exposed children to inappropriate situations, or led to instability, it could influence the custody outcome.
Your Family. Your Rights. Our Priority.
Baumohl Hamburg: Trusted Family Law Representation in Maryland
Practical Steps to Take If You Suspect Financial Misconduct
- Secure your financial information. Make copies of account statements, tax returns, credit card bills, and any suspicious transactions.
- Talk to an experienced Maryland divorce attorney. Don’t confront your spouse without legal advice; it could tip them off and make gathering evidence harder.
- Avoid retaliatory behavior. Emotional responses are natural, but acting out can hurt your legal position in court.
- Consider hiring a forensic accountant. In high-asset cases, an expert can trace and identify hidden or improperly spent assets.
- Protect your credit. If your name is on joint accounts being misused, you may need to freeze accounts or monitor your credit.
Final Thoughts
Infidelity is devastating. But when your spouse is using marital funds to support someone else, the betrayal becomes a legal matter as well. Maryland law offers tools to address this kind of financial misconduct, but time, documentation, and the right legal strategy are critical.
At Baumohl Hamburg LLC, we have decades of experience helping Maryland clients through high-conflict, high-stakes divorces. Whether you're just beginning to suspect an affair or you're already preparing for divorce, we’re here to protect your rights and fight for your financial future.
Call us today at 443.940.2000, email us at harry@bahalaw.com or schedule a confidential consultation online. Let’s find the best way to move forward.
Serving families throughout Maryland in divorce, custody, and family law matters.
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 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
