Negotiate Vs Litigate
MARYLAND IS AN “EQUITABLE DISTRIBUTION STATE”
What is, in plain English, the difference between a community property state and an equitable distribution state. In a community property state the property is generally split 50/50. However, Maryland follows equitable distribution rules which means the Court does not have to divide everything equally.
Here is what the Court looks at:
(1) First they identify and determine what is the marital property
2) Next the determine the value of marital property
(3) Finally, they decide whether or not to grant a monetary award and/or divide the marital pension assets as an adjustment of the equities and rights of the parties.
However, as a generally rule the Court generally will divide fairly equally marital property.