Property Division
Division of Property
Divorce & Children
Child Custody Child Support
Discount Offer

Get a Fast Uncontested Divorce in Maryland

$159 $179
  • Divorce papers ready to download in 2 business days
  • Step-by-step filing instructions with 24/7 customer support
  • Affordable and convenient service

Online Divorce in Maryland

Do you know the location of your spouse?
Can you and your spouse agree to the division of property, debts and all child related issues?
Home / Division of Property in a Maryland Divorce

Division of Property in a Maryland Divorce

Maryland follows the "equitable distribution" system for dividing assets and debts in a divorce. This system seeks a fair and just division of marital property based on several factors. "

Key Concepts

1. Marital Property

  • Definition: Includes most property acquired by either spouse during the marriage, such as income, real estate, and personal property.
  • Division: The court aims to divide marital property in a fair and equitable manner, considering factors like the length of the marriage, each spouse's income, and their contributions to the marriage.

2. Separate Property

  • Definition: Includes property owned by a spouse before marriage, gifts and inheritances received solely by one spouse, and personal injury awards.
  • Division: Separate property remains with the owning spouse and is not divided in the divorce.

Factors Considered in Property Division

The court considers several factors when dividing marital property, including:

  • Length of Marriage: The duration of the marriage is a significant factor in determining the distribution.
  • Income and Earning Capacity: Each spouse's income, earning capacity, and employability.
  • Contributions to the Marital Estate: Contributions made to the marital estate, including homemaking and child-rearing.
  • Age and Health: The age and physical/mental health of each spouse.
  • Custodial Parent Needs: The need of a custodial parent to occupy or own the marital residence.
  • Spousal Support Obligations: Any spousal support obligations from previous marriages.
  • Retirement Benefits: The value of retirement benefits accrued during the marriage.
  • Debts and Liabilities: Any marital debts and liabilities.
  • Tax Implications: The tax consequences of property distribution.
  • Fault: Although Maryland allows no-fault divorce, the court may consider marital misconduct in the division of property.

Special Considerations

  • Retirement Benefits: Retirement and pension benefits accrued during the marriage are considered marital property and subject to equitable distribution.
  • Business Interests: Business interests are subject to division based on their valuation and the portion deemed to be marital property.
  • Debts: Debts incurred during the marriage are typically considered marital obligations and are divided between the spouses.
  • Real Estate: The division of real estate may involve complex valuation to ensure a fair distribution.

Conclusion

The division of property in a Maryland divorce follows equitable distribution principles, aiming for a fair and just division. Given the complexities involved, especially with high-value assets or mixed property types, it's beneficial to seek legal advice.

A legal professional can help navigate the division process, ensuring that your rights are protected and that the division of property is handled fairly and equitably.

Divorce Process

How Online Divorce in Maryland Works?

Step 1

Qualify for divorce

Confirm our product will work for your situation


Step 2

Provide your case details

Provide the information required through our easy to use questionnaire


Step 3

Get your papers

Review forms and make unlimited changes before finalizing documents


Step 4

File for divorce

Papers come with comprehensive filing instructions

Customer Testimonials
Review icon
I found the filing process to be easy enough. Filing online saved me lots of time. I will definitely recommend this service to anyone considering divorce and who would like to save time.

Karrie S.
Review stars
Baltimore County
Review icon
Staff was extremely helpful & thorough explaining the process.

Ashira J.
Review stars
Anne Arundel
Review icon
After a long and dragged out decision, MD Online Divorce made everything easy. All questions were simple and to the point. If you have an uncontested divorce, this is definitely the way to go.

Stacie P.
Review stars
Harford
Review icon
The paperwork was so simple and easy to do , worth the money. They answered all my questions I had by phone call and email. This is just the beginning of my process to get my Divorce hope everything goes this smooth.

Aletha M.
Review stars
United States
Review icon
I was terrified thinking that this would be difficult but it really wasn't. And they offer assistance that you need to make everything go smooth.

Natasha M.
Review stars
Prince George County
Review icon
The process was seamless. I am happy that they offer the Platinum service after allowing me to see the basic services. I appreciated being able to make an educated decision.

Angel T.
Review stars
Prince George
Review icon
I was confused trying to do my paperwork by myself. I found the website and the process was so easy, and a representative will talk you through each step of the way

Taylor S.
Review stars
Baltimore
Review icon
MD Divorce was super fast and efficient in preparing all of the necessary paperwork. I highly recommend their assistance in making a complicating process...EASY.

Christal R.
Review stars
Baltimore City
Review icon
The process was easy and I felt confident that everything was being done professionally and in a timely manner.

Floyd H.
Review stars
Calvert