Maryland
JURISDICTIONAL END OF MARRIAGE DATE: Date of Divorce. If not Divorced use current date.
STATE TYPE FOR PENSION EVALUATION: Maryland is an "equitable distribution" state. Maryland is an equitable distribution state in which the court will divide the marital property between the parties as the court deems equitable and just, after setting aside to each spouse that party's separate property. Factors the court will consider in distributing the marital property between the parties include:
1. The contribution of each party to the family's well-being; 2. The value of each party's property interests; 3. The economic circumstances of each party; 4. The duration of the marriage; 5. The age, physical and mental condition of each party; 6. Any other factor the court deems relevant and just.
[Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205].
MD. CODE ANN., FAM. LAW § 8-201
Definitions.
(a) In general - In this subtitle the following words have the meanings indicated.
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(c) Family home. - (1) "Family home" means the property in this State that:
(i) was used as the principal residence of the parties when they lived together;
(ii) is owned or Leased by 1 or both of the parties at the time of the proceeding; and
(iii) is being used or will be used as a principal residence by 1 or both of the parties and a child.
(2) "Family home" does not include property:
(i) acquired before the marriage;
(ii) acquired by inheritance or gift from a third party; or
(iii) excluded by valid agreement.
(d) Family use personal property. - (1) "Family use personal property" means tangible personal property:
(i) acquired during the marriage;
(ii) owned by 1 or both of the parties; and
(iii) used primarily for family purposes.
(2) "Family use personal property" includes:
(i) motor vehicles;
(ii) furniture;
(iii) furnishings; and
(iv) household appliances.
(3) "Family use personal property" does not include property:
(i) acquired by inheritance or gift from a third party; or
(ii) excluded by valid agreement.
(e) Marital property. - (1) "Marital property" means the property, however titled, acquired by 1 or both parties during the marriage.
(2) "Marital property" includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement.
(3) Except as provided in paragraph (2) of this subsection, "marital property" does not include property:
(i) acquired before the marriage;
(ii) acquired by inheritance or gift from a third party;
(iii) excluded by valid agreement; or
(iv) directly traceable to any of these sources.
MD. CODE ANN., FAM. LAW § 8-202
Determination of ownership of property: decree; order of partition or sale.
(a) Determination of ownership. - (1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3) Except as provided in § 8-205 FAM. LAW. of this subtitle, the court may not transfer the ownership of personal or real property from I party to the other.
(b) Decree and order. - When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
MD. CODE ANN., FAM. LAW § 8-203
Determination of marital property; time of action.
(a) Time of court action. - In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and
(iii) the parties consent to the extension.
(b) Consideration of military pension. - In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.
MD. CODE ANN., FAM LAW § 8-204
Determination of value of marital property.
(a) Determination by court - Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.
(b) Retirement benefits. - (1) The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an "if, as, and when" basis.
(2) If a party objects to the distribution of retirement benefits on an "if, as, and when" basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an "if, as, and when" basis shall be deemed to be waived unless good cause is shown.
MD. CODE ANN., FAM. LAW § 8-205
Award or transfer of martial property; determination of amount and method of payment or transfer.
(a) Grant of award. - Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in a pension, retirement, profit sharing, or deferred compensation plan from I party to either or both parties, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.
(b) Factors in determining amount and method of payment or terms of transfer. - The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in the pension, retirement, profit sharing, or deferred compensation plan, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the wellbeing of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) how and when specific marital property or interest in the pension, retirement, profit sharing, or deferred compensation plan, was acquired, including the effort expended by each party in accumulating the marital property or the interest in the pension, retirement, profit sharing, or deferred compensation plan, or both;
(9) the contribution by either party of property described in § 8-201 FAM. LAW. (e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in the pension, retirement, profit sharing, or deferred compensation plan, or both.
(c) Award reduced to judgment - The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
MD. CODE ANN., FAM LAW § 8-206
Policy on family home, family use personal property with respect to minor children.
The court shall exercise its powers under §§ 8-207 FAM. LAW. through 8-213 FAM. LAW. of this subtitle:
(1) to enable any child of the family to continue to live in the environment and community that are familiar to the child; and
(2) to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.
MD. CODE ANN., FAM. LAW § 8-207
Determination of family home, family use personal property.
(a) Determination. - In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:
(1) before the court grants an annulment or a limited or absolute divorce; or
(2) when the court grants an annulment or a limited or absolute divorce.
(b) Modification. - A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
(c) Certain property to be treated as marital property. - If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
MD. CODE ANN., FAM. LAW § 8-208
Award of family home or family use personal property; required considerations; allocation of financial responsibilities.
(a) Award of possession and use. - (1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i) decide that 1 of the parties shall have the sole possession and use of that property; or
(ii) divide the possession and use of the property between the parties.
(2) The court may exercise these powers pendente lite.
(b) Required considerations. - In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8-207 FAM. LAW. through 8-213 FAM. LAW. of this subtitle.
(c) Allocation of financial responsibilities. - The court may order or decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.
(d) Effect of award of sole possession and use. - An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party's principal residence for tax purposes.
MD. CODE ANN., FAM. LAW § 8-209
Order or decree governing family home, family use personal property, subject to power of court.
In a temporary or final order or decree, each provision that concerns the family home or family use personal property is subject, as the circumstances and justice may require, to:
(1) the terms and conditions that the court sets;
(2) the time limits that the court sets, subject to § 8-210 FAM. LAW. of this subtitle; and
(3) modification or dissolution by the court.
MD. CODE ANN., FAM. LAW § 8-210
Termination of order or decree governing family home or family use personal property.
(a) Time limitation. - (1) In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.
(2) The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.
(b) Remarriage of party with possession or use of property. - Subject to the provisions of subsection (a) of this section, in any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate when the party with the possession or use of the property remarries.
(c) Treatment of property. - When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 FAM. LAW. of this subtitle.
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