Negotiate Vs Litigate

February 07, 2018 - By: Stuart H. Grozbean


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.