When a couple gets divorced in Maryland, the Maryland divorce court is tasked with separating the couple’s assets. Maryland is NOT an “equal division” State; rather, Maryland divorce laws require that the couple’s marital property be “equitably divided.” This means that one spouse can be awarded more than 50% of the couple’s assets.

How does “equitable division” apply to custody arrangements?

Equitable division does not apply in any way to questions related to custody arrangements for minor children of the marriage. Under Maryland child custody laws, there is a very different legal standard used for custody decisions. This legal standard is called the “best interests of the child.” This requires Maryland divorce court judges to evaluate about 15 factual matters to determine what custody arrangement is best for the child or children. Examples of the factors include material and financial advantages, age and health of the parents, location of the parental homes, etc.

For this reason, there is no “equitable division” of child custody even if the Maryland divorce court awards joint custody to the parents. That is not “equitable division.” Joint custody is awarded based on an independent evaluation of what is in the best interests of the children.

What property is given the “equitable division” treatment?

Under Maryland’s divorce laws, only MARITAL property is allowed to be divided by judges between the spouses.

In practice, most of what a couple owns will be marital in nature. This is particularly true if the marriage has lasted several years. Only a few types of property will be excluded. Examples include gifts given exclusively to one spouse, inheritances to one spouse, property that was owned by one spouse before the marriage, and more. Even these types of assets can become marital property if they are co-mingled with marital property during the marriage. For example, if one spouse receives $10,000 as a gift from his or her parents, that money would be non-marital property if kept in a separate financial account and not used for marital purposes (like paying marital bills). However, it becomes marital property if deposited in the couple’s joint financial account.

What about debts?

The same rules apply to debts. Generally, marital debts will be equitably divided between the spouses. However, debts that are solely those of one spouse will remain the debts of that spouse after the divorce. Like assets, debts can become commingled, making them marital debts. This can happen, for example, if marital income and property are used to make payments on the debt.

Reasons why one spouse might get more property than another

As noted, Maryland divorce courts make an “equitable division” of marital property, which is not the same as an equal division. The divorce courts take a “holistic” approach and consider every relevant factor when making decisions. Thus, in some divorce cases, there will be unique factors that lead to a unique outcome. However, there are a few more common reasons that one spouse might receive more marital property than another. These include:

• The spouses agreed to an unequal division of property
• The divorce court awards more property to one spouse because the other spouse was responsible for the breakup of the marriage
• One spouse is awarded sole custody of the minor children, and additional assets will help in the child rearing
• One spouse has substantially more separate assets than the other
• And more

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.