What Is Considered Abandonment in Divorce?

When a marriage begins to deteriorate, one spouse may leave the marital home and cut off all ties with the other. In some cases, this act may be classified as abandonment or desertion. Understanding what constitutes abandonment under Maryland law is important, as it can impact how property is divided, whether spousal support is awarded, and even decisions regarding child custody.

What Is Abandonment in a Marital Context?

In Maryland, abandonment—also referred to as desertion—occurs when one spouse willfully leaves the marital home without justification and with the intent to end the marriage. It goes beyond simply moving out. For a court to consider it abandonment, the separation must be voluntary, without the consent of the other spouse, and without a valid reason.

There are two types of abandonment under Maryland law:

• Actual Abandonment: This occurs when one spouse physically leaves the marital home and refuses to return, showing no intention to continue the marital relationship.
• Constructive Abandonment: In this case, one spouse is effectively forced to leave due to the other spouse’s misconduct, such as abuse, cruelty, or creating intolerable living conditions.

Intent and duration matter. For abandonment to be grounds for an at-fault divorce in Maryland, the abandonment typically must be continuous for at least 12 months. This rule applies to both actual and constructive desertion.

What Is Not Considered Abandonment?

Leaving the marital home is not automatically considered abandonment. There are several scenarios where separation does not meet the legal definition of desertion:

• Mutual agreement: If both spouses agree to separate, neither can claim abandonment.
• Justifiable departure: If one spouse leaves due to abuse, harassment, or other harmful behavior, it is not considered abandonment.
• Temporary absence with continued support: If the spouse who leaves maintains financial support, communicates regularly, or expresses a desire to reconcile, courts may not view the separation as abandonment.

Intent plays a crucial role. A court will examine whether the departing spouse intended to end the marriage permanently and whether the remaining spouse consented or agreed to the separation.

How Can Abandonment Affect Divorce Outcomes in Maryland?

Abandonment can influence several aspects of divorce:

• Property division: Maryland follows equitable distribution, meaning property is divided fairly, but not necessarily equally. If one spouse abandoned the other, the court may consider that factor when determining how to divide marital assets.
• Spousal support (alimony): Abandonment may strengthen a claim for alimony, especially if the spouse left behind was financially dependent and left to cover all household and living expenses alone.
• Child custody and visitation: If the abandoning spouse ceased communication or support for the children, their custody rights could be negatively affected. Maryland courts prioritize the best interests of the child and consider a parent’s level of involvement and responsibility.

Documenting the abandonment is critical. Records of communication, financial support, police reports (if applicable), and witness statements can all help establish the facts of the case.

Speak With an Annapolis Divorce Lawyer at Oliveri & Larsen

If you are experiencing a separation that may qualify as abandonment—or are being accused of desertion—we are here to help. An experienced Annapolis divorce lawyer at Oliveri & Larsen can explain your rights and help you understand the impact of abandonment on your divorce case. Call us today at 410-295-3000 or contact us online to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.