Quick answer: Maryland is an equitable distribution state, not a community property state, and it works in three steps. The court first decides which property is marital (property, however titled, acquired by either or both parties during the marriage, except property acquired before the marriage, by inheritance or gift from a third party, excluded by valid agreement or directly traceable to those sources), then values it, and then may grant a monetary award or transfer an interest in a pension or retirement plan, family use personal property or the jointly owned family home, as an adjustment of the equities and rights of the parties. It weighs eleven factors, including each party’s monetary and nonmonetary contributions, the value of all property interests, economic circumstances, the circumstances of the estrangement, the length of the marriage, age and condition, how and when the property was acquired, and any alimony or family home award. There is no fixed percentage.
What the Maryland statutes say
- Marital property. Property acquired during the marriage, however titled, including real property held as tenants by the entirety unless excluded by valid agreement (Family Law § 8-201(e)).
- Timing. The court determines which property is marital when it grants the divorce, or within 90 days if it reserves the question (§ 8-203).
- Monetary award. The court determines the amount and method of payment, and may reduce a due award to judgment (§ 8-205).
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s nonmarital property. The calculator adds up the marital estate, starts at an equal share and shows the monetary award; you can move the slider to test a different division. The reasoning is in how Maryland divides property, marital versus nonmarital property and monetary awards, the home and retirement.
Property and alimony
Any alimony award is a factor for the monetary award, and the monetary award is a resource for alimony. See the Maryland alimony calculator.
Property division across Maryland
The statutes apply in every Maryland circuit court, from Baltimore, Columbia, Germantown, Silver Spring, Rockville or Annapolis. The IRS lists nine community property states, and Maryland is not among them.
Frequently asked questions
Is Maryland a community property state?
No. Maryland uses equitable distribution through a monetary award under Family Law 8-205. The IRS lists nine community property states, and Maryland is not among them.
Does Maryland split property 50/50 in a divorce?
Not by rule. The court grants a monetary award or transfers interests to adjust the equities after weighing eleven factors.
Is an inheritance divided in a Maryland divorce?
Property acquired by inheritance or gift from a third party is not marital property, and neither is property directly traceable to it.
Is property titled in one name marital in Maryland?
Yes, if acquired during the marriage: marital property is property however titled.
Can a Maryland court transfer a pension?
Yes. It may transfer ownership of an interest in a pension, retirement, profit sharing or deferred compensation plan.