A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Maryland, adultery is considered grounds for divorce, and the state follows equitable distribution laws when dividing marital property during a divorce. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue during the divorce proceedings. The court may consider the dissipation of marital assets when making an equitable distribution of property. Dissipation refers to the wasteful spending of assets by one spouse, and if proven, the court may order the cheating spouse to reimburse the marital estate. This could involve returning the gifted item if it retains value, such as jewelry, or compensating the marital estate with separate funds. However, Maryland does not recognize community property; instead, it considers the contributions of each spouse and the circumstances of the case to reach a fair division of property. It is important to consult with an attorney to understand how these principles may apply to an individual case.