Unlocking the Secrets of PRENUP in Maryland and D.C.

In Rudnick v. Rudnick (2023), a prenuptial agreement signed in 1992 became the subject of dispute during the couple's divorce in 2019. The agreement, which prohibited the division of assets or alimony, was initially considered fair but was deemed unconscionable at the time of enforcement. Massachusetts law, where the case arose, applied an unconscionability analysis at the time of enforcement. The courts ruled in favor of the wife, highlighting the importance of skilled legal representation well-versed in relevant state laws.

In Maryland, many individuals choose to create a will, or "last will and testament," to ensure their assets are distributed according to their wishes. When someone dies without a will, they are considered to have passed away "intestate," which means the state will intervene to distribute their assets based on intestacy laws. To ensure a will's enforceability, it is essential to fulfill all technical requirements, including proper notarization, witnessing, and signing.

Maryland's increasing immigrant population has led to a rise in cases involving foreign divorce decrees. A notable case is Ayenu v. Hlontor (2022), where a couple from Togo obtained a divorce judgment in their home country. The wife later sought validation of this judgment in Maryland, despite the husband contesting its authenticity due to its foreign origin and alleged errors.

Passing away without a will, known as intestacy, requires the state to distribute a decedent's assets according to default laws. In Maryland, these laws prioritize asset allocation based on kinship, leading to various scenarios for distribution. For instance, children inherit entirely if no spouse exists, while a spouse shares the estate if there are minor children.

A Qualified Domestic Relations Order (QDRO) is crucial in family law, particularly concerning the division of retirement benefits during divorce. It formally recognizes one spouse's property interest in the other spouse's retirement plans, detailing the portion of benefits the recipient is entitled to and when they will be available. The case of Jean-Baptiste v. Jean-Baptiste (2023) highlights the contentious nature of retirement benefits.