Maryland Code, Family Law

Maryland is exclusively a no-fault divorce state as of October 1, 2023. The court may grant an absolute divorce on three grounds: (1) six-month separation without interruption, (2) irreconcilable differences, or (3) mutual consent with a signed settlement agreement resolving all issues. Fault-based grounds like adultery, cruelty, and desertion were eliminated.

Effective: 2023

Parties who have pursued separate lives are deemed to have lived 'separate and apart' even if they reside under the same roof or the separation is pursuant to a court order. This means spouses do not need to maintain separate households to satisfy the six-month separation requirement.

Effective: 2023

If the grounds for divorce occurred in Maryland, either spouse simply needs to reside in the state at the time of filing. If the grounds occurred outside Maryland, at least one spouse must have resided in the state for at least six months before filing. There is no general waiting period beyond the residency requirement.

Effective: 2024

Recrimination — the defense that the filing spouse also committed marital wrongdoing — is not a bar to either party obtaining an absolute divorce on any of the three no-fault grounds. This ensures that both spouses retain equal access to divorce regardless of conduct.

Effective: 2023

Defines 'marital property' as property acquired by one or both spouses during the marriage, however titled, including real property held as tenants by the entirety. Non-marital (separate) property includes property acquired before marriage, by gift or inheritance from a third party, property excluded by valid agreement, or property directly traceable to those sources.

Effective: 2024

The court determines which property is marital and which is separate. Property acquired while separated but before the divorce is final is still considered marital property. Property acquired while living together before marriage is not marital property. Commingled funds lose their non-marital character.

Effective: 2024

The court determines the value of all marital property, including marital debts such as mortgages and credit cards. Marital debt is debt directly traceable to the acquisition of marital property. The court cannot require one spouse to pay the other's separate debts or individual obligations.

Effective: 2024

Maryland uses equitable distribution, not equal division. The court may grant a monetary award or transfer interests in pensions, retirement plans, jointly owned real property, or family use personal property. The court considers 11 factors including each spouse's contributions (monetary and nonmonetary), duration of marriage, age, health, economic circumstances, how property was acquired, and any alimony award. The court cannot transfer title of property owned by one spouse to the other — instead it awards money to equalize the distribution.

Effective: 2024

The court may award exclusive possession and use of the family home and family use personal property to either spouse for up to three years after the divorce. The order allocates financial responsibilities such as mortgage, rent, and utilities. This is separate from the monetary award and provides stability, particularly when minor children are involved.

Effective: 2024

Effective October 1, 2025, Maryland codified 16 factors courts must consider when determining legal and physical custody. These include the child's stability, health, and welfare; frequent contact with both parents; sharing of parenting responsibilities; the child's relationships with parents, siblings, and other important people; physical and emotional security; the parents' ability to communicate and co-parent; the child's age and developmental needs; and military service considerations. The court must articulate findings on each factor on the record.

Effective: 2025

A court may modify a custody or visitation order upon a showing of a material change in circumstances relating to the child's needs or the parents' ability to meet those needs. A parent's proposal to relocate in a way that makes the existing physical custody arrangement impractical automatically constitutes a material change in circumstances.

Effective: 2025

If the court has reasonable grounds to believe a child has been abused or neglected by a party, the court must determine whether abuse or neglect is likely to occur if custody or visitation is granted to that party. The court must make custody arrangements that protect the child from further harm.

Effective: 2024

The court must consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing with that party. If the court finds that a party committed abuse, custody and visitation arrangements must be designed to best protect the child and the victim of the abuse.

Effective: 2024

The court may require either parent to give at least 90 days' advance written notice before relocating the child's permanent residence within or outside Maryland. If a party files a petition within 20 days of receiving notice, the court must hold an expedited hearing. The notice requirement may be waived if it would expose the child or a party to abuse.

Effective: 2024

A parent's disability is not relevant to custody or visitation decisions unless the other parent proves it would affect the child's best interests. Even then, the disabled parent may demonstrate that supportive parenting services would mitigate any impact. This prevents discrimination based on disability alone.

Effective: 2024

Maryland law does not presume that either parent is better able to serve the best interests of the child based on that parent's gender. Both mothers and fathers are considered equally capable custodial parents under the law.

Effective: 2024

Maryland uses the Income Shares Model for child support. The court must use the child support guidelines, and the calculated amount carries a rebuttable presumption of correctness. The court may deviate only with written findings explaining why the guidelines would be unjust, what amount the guidelines would have produced, and how the deviation serves the child's best interests. For combined parental incomes above $30,000/month, the court may set support based on the child's needs without using the formula.

Effective: 2024

The basic child support obligation is determined from the statutory schedule based on the parents' combined adjusted actual income, then divided proportionally between parents. The section addresses child care expenses, extraordinary medical costs, shared physical custody adjustments (calculating each parent's time percentage), voluntary impoverishment (potential income may be imputed), and offsets for disability or retirement dependency benefits paid to the child.

Effective: 2024

Defines key terms including 'actual income' (salary, wages, bonuses, Social Security, workers' compensation, alimony received — excluding means-tested public assistance), 'adjusted actual income' (actual income minus preexisting child support and alimony paid), and 'voluntarily impoverished' (a parent who has made a free and conscious choice to reduce their income). A self-support reserve ensures the obligor retains at least 110% of the federal poverty level.

Effective: 2024

The court considers 12 factors when determining alimony: the ability to be self-supporting, time needed for education or training, standard of living during the marriage, duration of the marriage, monetary and nonmonetary contributions, circumstances of estrangement, age, physical and mental condition of each party, ability of the payor to meet their own needs while paying, any agreement between the parties, and the financial resources of each party. Maryland recognizes three types: temporary (pendente lite), rehabilitative (fixed-term), and indefinite alimony.

Effective: 2024

The court may award indefinite alimony (no set end date) only if it finds that: (1) due to age, illness, infirmity, or disability, the requesting spouse cannot reasonably be expected to become substantially self-supporting, or (2) even after making reasonable progress toward self-support, the parties' standards of living would be unconscionably disparate. Indefinite alimony is relatively rare and reserved for extraordinary circumstances.

Effective: 2024

Either party may petition to modify the amount of alimony as circumstances and justice require. The court may extend the alimony period if circumstances arise that would cause a harsh and inequitable result, provided the recipient petitions during the original award period. Changes in income, employment, health, or financial needs may justify modification.

Effective: 2024

Unless the parties agree otherwise, alimony terminates upon: the death of either party, remarriage of the recipient, or expiration of the awarded term. The court retains discretion to terminate alimony if continuation would produce a harsh and inequitable result. Cohabitation may also be grounds for modification or termination.

Effective: 2024

To file for divorce in Maryland, one spouse submits a Complaint for Absolute Divorce (Form CC-DR-020) and a Civil Domestic Information Report to the Circuit Court. For mutual consent divorce, both spouses must submit a signed settlement agreement resolving all issues. There is no waiting period for mutual consent; the six-month separation ground requires living separate and apart (even under the same roof) for six consecutive months before filing.

Effective: 2023

This section addresses how a party's offer or refusal of reconciliation affects divorce proceedings. An offer of reconciliation that is refused does not bar the offering party from obtaining a divorce. The court considers reconciliation efforts in the context of the overall proceeding.

Effective: 2024

The court may order either party to pay the reasonable and necessary expenses of the other party during divorce proceedings. This includes attorney's fees and suit costs. The court considers each party's financial resources and needs, and whether there was substantial justification for the party's position in the litigation.

Effective: 2024

The court may modify provisions of a marital settlement agreement concerning the care, custody, or support of a minor child if modification serves the child's best interests. The court may also modify alimony provisions unless the agreement expressly waives alimony or excludes it from court modification. Applies to agreements executed after January 1, 1976.

Effective: 2024

The court may require either parent to include the child on their health insurance if coverage is available through an employer or group plan at reasonable cost. The order may be enforced through an earnings withholding order sent directly to the employer. If insurance lapses, the employer must notify the other parent and support enforcement agency within 15 days and must re-enroll the child when coverage becomes available again.

Effective: 2024

Maryland provides three tiers of protective orders: interim (emergency, issued when courts are closed under §4-504.1), temporary (under §4-505), and final (under §4-506, lasting up to 12 months with extensions under §4-507). Relief may include ordering the abuser to vacate the home, granting temporary custody, establishing no-contact provisions, and awarding emergency financial support. Violating a protective order is a misdemeanor carrying up to 90 days in jail and $1,000 in fines under §4-509.

Effective: 2024

Spouses may enter into deeds, agreements, or settlements relating to property rights and personal rights. Maryland does not follow the Uniform Prenuptial Agreement Act — prenuptial agreements are governed by contract law and the 'overreaching' test from case law (Cannon v. Cannon), requiring full financial disclosure. Agreements cannot waive child custody or support obligations, as those remain subject to court review under §8-103.

Effective: 2024

In granting an absolute divorce, or upon a motion filed within 18 months after the final decree, the court shall restore a party's birth name or any other former name the party wishes to use. The general name change procedures under Maryland Rule 15-901 do not apply — the divorce court handles the name change directly.

Effective: 2024

The court may transfer ownership interests in a pension, retirement, profit-sharing, or deferred compensation plan from one party to either or both parties as part of equitable distribution. This is typically accomplished through a Qualified Domestic Relations Order (QDRO) that must also comply with federal ERISA requirements. Retirement benefits accrued during the marriage are marital property subject to division.

Effective: 2024

The existence of a ground for divorce against the party seeking alimony does not automatically bar the court from awarding alimony to that party. Even if a spouse's conduct contributed to the marital breakdown, the court retains discretion to award alimony based on the factors in §11-106.

Effective: 2024

A child who is at least 16 years old may file their own petition with the court requesting a change in custody. The teen must demonstrate a significant change in circumstances, and the judge must find that the proposed change is in the child's best interests before modifying the existing custody arrangement.

Effective: 2024