Legal Blog

Is Marital Property Divided 50/50 Upon Divorce In Maryland?

Is marital property divided 50/50 upon divorce in Maryland? Not automatically.  The law in Maryland provides that, after the court considers a number of statutory factors, the court is to make “an adjustment of the equities and rights of the parties concerning marital property.” Family Law Article Section 8-205(a).  While a 50/50 division of marital property may be appropriate in some cases, it is not what the law says.  Rather, the court is expected to make an “equitable” or fair division of assets that are found to be marital property.  A fair division of marital property may not be 50/50 after considering the statutory factors.  Rather, one spouse may receive a larger percentage than the other due to, for example, certain contributions by that party to the “well-being of the family” or the manner in which the assets were “acquired,” both of which are factors for the court to consider in making the award. Family Law Article Section 8-205(b)(1), (9). Is Marital Property Divided 50/50 Upon Divorce In Maryland?Alex Allman is a Principal attorney in the firm’s Baltimore office.  Mr. Allman focuses his practice in the areas of family law and civil litigation. He can be reached at 410.209.6438 or aallman@offitkurman.com. To learn more about Offit Kurman – one of the fastest-growing, full-service law firms in the Mid-Atlantic region – please fill out our contact form. With over 100 attorneys in seven offices serving Washington DC, Baltimore, Philadelphia, Wilmington and Northern Virginia, the firm is well positioned to meet the legal needs of dynamic businesses and the people who own and operate them. You can also connect with Offit Kurman via Facebook, Twitter, Google+, YouTube, and LinkedIn.