As we have discussed in recent articles, Maryland has recently changed its divorce laws. The new law takes effect on October 1, 2023.

One of the more important changes is the abolition of Limited Divorces. Starting in October 2023, if a couple seeks a divorce, the only option will be an Absolute divorce. Indeed, all divorces will be Absolute Divorces. In truth, the idea of an “Absolute Divorce” is also abolished. There will no longer be a distinction between a Limited and Absolute divorce. Under the old Maryland divorce law, a Limited Divorce allowed the couple to remain legally married but allowed the couple to obtain the other benefits of a divorce, such as a Court-Ordered division of marital property, an award of alimony, and decisions with respect to children of the marriage (if any). Some Maryland couples sought Limited Divorces because the couple remained legally married during a Limited Divorce. This was important to some Maryland couples for various reasons, including religious reasons, the need to maintain health and other types of insurance, simple preferences, immigration and naturalization concerns, and other reasons.

It is unclear from the text of the new law whether the statute will retroactively extinguish Limited Divorces or whether currently existing Limited Divorces will still be legally honored.

Either way, after October 1, 2023, it will no longer be possible for Maryland couples to obtain a Limited Divorce. However, the same legal and practical effect can be achieved through a written and properly executed Separation Agreement. Such an Agreement would be valid and binding on both spouses and would be binding on Maryland divorce court (except for issues (if any) involving children, custody, and child support).

In simple terms, a Separation Agreement is a written contract between spouses. Like other contracts, if executed properly pursuant to the laws of Maryland, the Agreement will be legally binding. Among other things, the Separation Agreement identifies the parties, provides various relevant information (like the date of the marriage), states that the couple agrees to be separated, agrees to not hold themselves out as a “married couple,” and states couples’ agreement concerning matters like alimony, division of property, etc.

However, a lot more detail should be in your Maryland Separation Agreement. This is because the Separate Agreement will be a guidebook to how the couple will conduct the practical aspects of their lives, which are separate but still connected. Here are a few things to consider including in your Maryland Separation Agreement:

• Who owns and drives which vehicles? What about other personal property?
• If there is a marital home, who has title, and who will reside there?
• Will any financial accounts continue to be jointly owned? — if so, how are they to be used, limited, etc.
• Who pays the bills for joint accounts or something like health insurance? What happens if the bills do not get paid?
• What about the joint filing of tax returns?
• If there are children, consider drafting something like a Maryland parenting plan
• Other issues related to children (if any) including questions of education, where the kids will live, religion, parental discipline, and more
• Payment by one spouse to the other of alimony — how much, for how long, etc.?
• Clear rules about post-separation earnings and income
• Inheritance issues
• Romantic relationships

Contact Waldorf, Maryland Family Law and Divorce 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, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.