Property Division and Alimony Laws Governing Same-Sex Couples in Maryland

Skilled family law attorneys assisting LGBT clients

On January 1, 2013, the Civil Marriage Protection Act went into effect in Maryland, affording same-sex couples all of the rights and privileges of marriage that traditional couples have. Those same rights and privileges come into play when a same-sex couple chooses to divorce as well. There are, however, a few legal challenges that could affect alimony and property division.

Cynthia H. Clark & Associates, LLC is an elite family law firm serving same-sex couples throughout Maryland. The all-female team of attorneys has in-depth knowledge of family law and 30 years of collective experience, both of which are at the disposal of every client it serves. The firm provides comprehensive counsel and support for its clients, and designs creative strategies with its clients’ best interests in mind.

Dividing marital assets and determining spousal support

In Maryland, property is divided equitably, not equally; there is no guarantee of a 50/50 split at trial.  However, parties may agree to a 50/50 division of property in a marital settlement agreement. The state defines marital property as that which was accumulated during the marriage; for many gay and lesbian couples, however, this distinction can prove problematic, as their marriages have only been recognized as legal in Maryland since January 1, 2013. Therefore, any property which legally belonged to one party prior to the couple being legally married is not considered marital property, and will not be subjected to division.

same sex marriage property division

For example: if a same-sex couple purchased a piece of art work together in 2012 by using a credit card in the name of one party, then that piece of art work technically belongs to the purchaser and not to the couple under the law. For same-sex couples who have been together for years before being allowed to legally marry, challenges like this can occur when the judge divides the property.

The same challenge arises for couples where one partner is seeking alimony. Because alimony may be based in part on the length of a marriage, a man or woman who seeks alimony after supporting his or her partner for 20 years, but has only been legally married for three years, may not have a strong claim.

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    Property Division Laws for Same-Sex Couples in Maryland

    This law only applies to couples who were legally married in Maryland. If you and your partner legally married in another state before 2013, the judge will base his or her divisions on the date of your marriage. But for individuals who earned income, started retirement plans or state pensions in states that have not legalized same-sex marriage, there may be additional steps in order to divide those assets.

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