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In your Maryland divorce case the Court will seek an equitable distribution of the marital property. There is a process that the Court follows. It starts with first identifying what property is marital property. Next the Court values the property. And finally, the Court determines what is an equitable distribution of the property. As you can imagine in a hotly contested case, each of the issues is fought over. To understand the process the Court undertakes you have to move forward slowly and step by step. For example, first before we can identify the marital property, we have to know the definition of marital property. Next value must be determined, which is generally a matter of expert opinion and valuation. Finally, what factors will the Court look at to determine what is a fair and equitable distribution of the marital property.

Marital Property Defined

(e)(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.

 

Valuation of Marital Property
 

(a) Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.

Value of pension, retirement, profit sharing, or deferred compensation plan

(b)(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.
 

 
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Anne Arundel County: 7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061 (410) 760-7339

Baltimore City: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202 (410) 685-7339

Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136 (410) 363-7339

Howard County: 10480 Little Patuxent Parkway, Ste 400, Columbia, Maryland 21044 (410) 740-7339

Prince George County: 6301 Ivy Lane Suite 700, Greenbelt, Maryland 20770 (301) 474-7339

 

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DISCLAIMER: Keith Blair Bartnik, P.A.. has created this website to be informative, but you should remember the contents are general in nature and not meant to substitute the specific legal advice given by an attorney based on your individual questions and needs. We have made every effort to provide up to date information and links, however we make no guarantees. Viewing this website and communicating with us by electronic mail or making a general inquiry does not create an attorney client relationship. You should be aware that contacting our law firm through the internet is not considered secure and therefore you should not send confidential or sensitive information that may be illegally intercepted by others.

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This site was last updated 08/04/07