What is Equitable Distribution?

When it comes to divorce and the division of property, “equitable distribution” refers to the legal principle used to divide marital assets fairly, though not necessarily equally, between spouses. In Maryland, as in many other states, property acquired during the marriage is subject to equitable distribution in the event of a divorce. However, this doesn’t always mean a 50/50 split; rather, the division is based on fairness, taking into account the specific circumstances of the marriage.

At Coover Law, LLC, our Howard county divorce lawyers understand that equitable distribution can be one of the most emotionally charged and financially significant aspects of divorce. Our goal is to help you navigate the complexities of property division in a way that is fair, clear, and in your best interests.

How does equitable distribution work in Maryland?

Under Maryland law, equitable distribution applies to all property acquired during the marriage, regardless of whose name is on the title or whose income was used to purchase it. The process aims to ensure that both parties are treated fairly in terms of the financial and emotional contributions made throughout the marriage.

The key statute governing equitable distribution in Maryland is MD Code, Family Law § 8-203. This statute provides the framework for how assets should be divided and includes a number of factors that a court will consider when determining what constitutes a fair division.

Factors considered in equitable distribution

While Maryland law does not require a 50/50 split, courts must consider several factors when deciding how to divide property. Some of the most important factors include:

• Length of the marriage: A longer marriage may result in a more equal distribution, especially if one spouse contributed more significantly to the household over time.
• Contribution of each spouse: Contributions are not just monetary; they also include non-financial contributions such as homemaking, childcare, and support of the other spouse’s career.
• Economic circumstances: The court will consider the financial condition of each spouse, including earning potential, debt, and other assets.
• Debts and liabilities: In many cases, debts acquired during the marriage are divided along with assets, which can significantly affect the overall division.
• Custodial arrangements for children: If one spouse is the primary custodian of minor children, the court may award that spouse a larger share of the marital property to ensure stability for the children.
• Tax consequences: The court may also take into account how dividing specific assets might affect taxes, both in the short and long term.

Our divorce attorneys are ready to assist you today

At Coover Law, LLC, we assist our clients in understanding these factors and how they may apply to their specific case. Our experienced attorneys work hard to ensure that your assets are divided in a way that reflects your contributions and needs. 

If you’re facing divorce and need assistance with equitable distribution, we encourage you to contact us today for a consultation. Our experienced attorneys are ready to help you navigate this process with confidence and clarity.