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Maryland Property Distribution Laws

A Maryland divorce court will divide all marital property in an equitable manner. Gifts, inheritances, property acquired prior to the marriage and property that is directly traceable to gifts, inheritances or property acquired before marriage are "separate property" and will be retained by the party who acquired the property. A Maryland divorce Court will consider the following factors in dividing the property:

• the monetary and non-monetary contributions of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the value of each spouse's property;

• the economic circumstances of each spouse at the time the division of property is to become effective;

• the length of the marriage;

• whether the property award is in stead of or in addition to alimony;

• how and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans;

• the circumstances that contributed to the estrangement of the spouses;

• the age, physical and mental condition of the spouses; and

• any other factor necessary to do equity and justice between the spouses.

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