Legal Blog

Family Law FAQs: Upon Divorce in Maryland, are Marital Assets split 50/50?

Divorce in MarylandThe Family Law attorneys at Offit Kurman answer a lot of questions, especially when it comes to divorce. Our attorneys provide clients with quality advice gained through years of experience dealing with literally thousands of divorce cases and the issues that arise both before, during and after the divorce.   One  question that our attorneys  are asked with increasing frequency:

“If I don’t have a pre-nuptial agreement, are marital assets divided 50/50 upon divorce in Maryland?”

The short answer: not automatically. While a 50/50 split may be appropriate in certain cases, it is not what the Maryland law states. Maryland law calls for the court to take a number of statutory factors into consideration before making “an adjustment of the equities and rights of the parties concerning marital property.” [Family Law Article Section 8-205(a)]. In other words, the court is expected to make an “equitable” or fair division of assets. Sometimes an equitable division may call for a 50/50 split; other times it may not. Two of the biggest factors the court considers in determining what is equitable are a person’s contributions  to the “well-being of the family” and the manner in which the assets were “acquired.” [Family Law Article Section 8-205(b)(1), (9)].

Divorce in MarylandIf you have any questions about Pre-nuptial Agreements, Divorce in Maryland or Family Law, please contact Offit Kurman family law attorney Alex Allman at or 410.209.6438. Mr. Allman has substantial experience  handling all aspects of domestic or family law cases. Besides providing counsel, Mr. Allman is an experienced litigator, having tried cases before State and Federal Courts in Maryland and Virginia.

Offit Kurman Attorneys at Law: Family Law Practice Group

At Offit Kurman Attorneys At Law, the attorneys in our Family Law Practice Group specialize in solving problems which arise from separation and divorce, such as child and spousal support and division of marital assets. Through divorce planning, we not only advise you on issues which may arise during the separation, but we also assist  with issues which are likely to arise after the divorce has been completed.

If you would like to learn more about Offit Kurman’s Family Law Practice Group, please fill out the contact form found on to access the sound legal guidance that our experienced estate planning team has to offer. You can also connect with Offit Kurman via FacebookTwitterGoogle+YouTube, and LinkedIn.


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