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Marital and Non-Marital Property Division in Maryland Divorces

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When navigating a divorce in Maryland, especially one where one or more of the spouses have a high net worth understanding the distinction between marital and non-marital property is crucial. This understanding can significantly affect the division of assets and, ultimately, the outcome of the divorce process. This article seeks to illuminate the equitable distribution rule, dispel common myths, answer frequently asked questions, and explore the impact of new laws. It aims to provide clarity for individuals navigating divorce proceedings in the state, offering insights into the fundamental principles and laws governing the division of marital and non-marital property in Maryland for those just starting their divorce journey and those seeking a deeper understanding.

Maryland’s ‘Equitable Distribution’ Rule

Maryland’s approach to property division in a divorce is based on equitable distribution. Unlike community property states, where assets are divided equally, Maryland courts aim for a fair distribution, considering various factors like the length of the marriage, economic circumstances, and contributions by each spouse.

Property and Debt Division in a Maryland Divorce

In Maryland, property and debt division during a divorce involves distinguishing between marital and non-marital property. Marital property includes assets and debts acquired during the marriage, while non-marital property refers to assets acquired before marriage, inheritances, gifts, or any property excluded by legal agreements.

Common Myths About Property Division In Maryland

  1. Myth: All Property Is Split 50/50
    • Reality: Maryland courts aim for equitable distribution, not equal division.
  1. Myth: Inheritances Are Always Divided
    • Reality: Inheritances are generally considered non-marital property and aren’t divided.
  1. Myth: Marital Misconduct Affects Property Division
    • Reality: Misconduct is not typically a factor in property division under Maryland law.

Maryland Marital Property FAQs

Is inheritance split in divorce in Maryland?

Generally, inheritances are considered non-marital property and are not divided in a divorce.

Does the new divorce law in Maryland 2023 impact Maryland property division?

Any new divorce law would be specific to the circumstances it addresses. It’s important to consult with a lawyer for the most current legal implications.

How is marital property divided in Maryland?

The court considers various factors such as each party’s contributions to the marital property, the economic circumstances of each party, the duration of the marriage, and the age and physical and mental health of the parties.

Is my pension considered marital property in Maryland?

Yes, pensions are generally considered marital property in Maryland, and they can be divided between the spouses in a divorce. However, only the portion of the pension accrued during the marriage is considered marital property.

What happens to property bought before marriage in a Maryland divorce?

In general, property that was acquired before the marriage is considered non-marital property and remains with the original owner after a divorce. However, if the value of the property has increased during the marriage, that increase could be considered marital property.

Does a prenuptial agreement impact property division in a Maryland divorce?

Yes, a prenuptial agreement can significantly impact how property is divided in a divorce. If the agreement is valid, it generally dictates the distribution of assets and debts.

Are inheritances considered marital property in Maryland?

Typically, inheritances are considered separate property in Maryland, even if received during the marriage. However, if the inheritance is commingled with marital assets, it can become marital property.

What about debts in a Maryland divorce?

Just like assets, debts accrued during the marriage are typically divided between the spouses. It’s important to understand which debts are considered marital and which are not. A lawyer can provide guidance on this.

Can property division be modified after the divorce in Maryland?

Property division usually cannot be modified after the divorce. Once the property has been divided and the divorce decree has been issued, the property division is typically final.

Talk with our Maryland Equitable Distribution of Property Lawyers

Navigating the intricacies of property division in a Maryland divorce can be complex. For personalized guidance and expert legal assistance, contact our Maryland Equitable Distribution of Property Lawyers at Petrelli Previtera. We are dedicated to helping you understand your rights and achieve a fair outcome in your divorce proceedings. Schedule a consultation today to explore your options and ensure your interests are protected.


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