Southern Maryland Divorce Lawyers: FAQs About Equitable Property Division

Part of obtaining a divorce here in St. Mary’s County and in other parts of Southern Maryland is having the Maryland divorce court divide the couple’s marital property. Maryland divorce courts are instructed to divide marital property “equitably.” This does not mean “equally,” and this fact causes a great deal of confusion for those contemplating divorce or going through the process. If you are facing a divorce here in Maryland, call the experienced family law and divorce attorneys at the Law Office of Robert Castro. Call us at (301)870-1200. We have offices in Waldorf, Maryland. In this article, we offer some answers to frequently asked questions about the equitable division of property in a Maryland divorce.

How Unequal Can the Split Be?

Often, the “equitable split” is reasonably equal, something in the range of 55 to 45. But it CAN be unequal depending on the circumstances that led to the divorce. There still is a tendency of Maryland divorce court judges to “punish” a spouse for abuse, addiction, adultery, etc. Under those circumstances, the property division can be very unequal. This is because, under Maryland law, Maryland divorce courts are allowed to consider the “circumstances that contributed to the estrangement of the parties” as a factor in dividing marital property.

What About Property I Owned Before the Marriage?

Maryland divorce laws recognize the distinction between “marital” and “non-marital” property. Generally, if not commingled during the marriage, property owned by one spouse prior to the marriage is considered “non-marital.” As such, that property will NOT be equitably divided?

What About Debt?

The same rules apply to debt. If the couple entered into debt during the marriage, then the debt is marital debt and will be equitably divided. Debt that was owned by one spouse prior to the marriage will typically be deemed to be non-marital debt.

What About Gifts and Inheritances?

Generally, gifts and inheritances — given solely to one spouse — are NOT marital property. The key is the word “solely.” Further, the receiving spouse must not commingle the gift or inheritance with marital money and marital assets.

What if My Spouse Claims That My Personal Property is Marital Property?

Under Maryland law, the Maryland divorce court will have to make a decision about what is and is not marital property if the spouses are in disagreement. The “default” position is that ALL property is marital. The spouse that claims certain property to be non-marital must prove the assertion. Thus, careful and complete records should be kept that can prove that non-marital property remained non-marital during the marriage.

What About Pensions and Retirement Accounts?

Almost always, pensions and retirement accounts will be considered marital property. Division of such accounts can be complex because of tax consequences and “future-looking” distribution. The courts have several options, such as liquidation, “trading,” and ordering that the spouses will split the distributions when they begin.

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