Maryland Divorce Start Your Divorce Find Professionals Maryland Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Maryland Products Divorce by County
Is Maryland a Community Property State?
No, Maryland is not a "community" property state. It is an "equitable distribution" state.
Unlike "community" property, "equitable" does not mean "equal." Equitable is defined as fair and just under the facts of the particular case. Therefore, the Court has discretion to evaluate each party's needs and entitlements.
When determining the equitable distribution of property upon divorce, the Court must perform 3 steps: 1) identify the marital property, 2) value the marital property, and 3) decide whether or not to grant a monetary award and/or divide the marital pension assets as an adjustment of the equities and rights of the parties.
Although equitable does not mean equal, often the equal division of assets in divorce is found to be the equitable result.
Maryland law requires equitable distribution of property in a divorce. The court determines a fair award of property and debt. Unless the couple can reach a settlement, the court divides the marital property, pension, retirement, profit sharing or deferred-compensation plans. The court considers contributions of each party, the well being of the family, the property value, the economic circumstances of each spouse as well as current situations such as age, mental state, the duration of the marriage, and the interest each party has in the property.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.