Maryland Marital Settlement Agreement
A Maryland marital settlement agreement lets divorcing spouses divide marital property through a monetary award, set alimony, and address custody and child support, and a complete agreement supports a divorce by mutual consent with no separation waiting period. Attorney review available.
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Introduction
Maryland adjusts the equities between divorcing spouses through a monetary award rather than an automatic 50/50 retitling of property (Md. Family Law 8-205), and a marital settlement agreement is the written contract spouses use to set property division, alimony, and (by reference) custody and child support so the terms can be presented to the court that ends the marriage. Maryland is an equitable-distribution state, which means property is not automatically split 50/50. After the court decides what is marital property and its value, it may transfer certain interests, grant a monetary award, or both, as an adjustment of the equities and rights of the parties (Md. Family Law 8-205). A marital settlement agreement lets the spouses set that division themselves instead of leaving it to the court. Maryland has no statewide formula for alimony; a court sets the amount and duration by weighing the fair-and-equitable factors in Md. Family Law 11-106. Custody and child support follow the statewide child support guidelines (Md. Family Law 12-202), stay subject to the court, and remain modifiable, so an agreement cannot bargain them away. Maryland changed its divorce law on October 1, 2023: a signed settlement agreement that resolves all issues now supports a divorce by mutual consent with no separation waiting period (Md. Family Law 7-103). DocDraft builds your Maryland marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In Maryland, where a divorce court first classifies and values the marital property and then may grant a monetary award to even things out rather than splitting titles 50/50, a marital settlement agreement is the written contract spouses use to settle that property division, alimony, and by reference custody and child support to present to the court that ends the marriage.
- 2
Maryland is an equitable-distribution state, not a community-property state. Property is not automatically divided 50/50; after classifying and valuing marital property the court may grant a monetary award or transfer interests as an adjustment of the equities and rights of the parties (Md. Family Law 8-205).
- 3
A Maryland marital settlement agreement lets the spouses agree on the property division and any monetary award themselves, so they can reach a fair split that fits their situation instead of leaving it to the court to decide under Md. Family Law 8-205.
- 4
Maryland has no statewide formula for alimony. A court sets the amount and duration by considering all the factors necessary for a fair and equitable award under Md. Family Law 11-106, including each party ability to be self-supporting, the standard of living during the marriage, and the duration of the marriage.
- 5
Child support follows the Maryland statewide guidelines, with a rebuttable presumption that the guideline amount is correct (Md. Family Law 12-202). Custody and child support stay subject to the court and remain modifiable in the best interests of the child, and cannot be bargained away.
- 6
Since October 1, 2023, Maryland recognizes three grounds for absolute divorce: six-month separation, irreconcilable differences, and mutual consent. A signed marital settlement agreement resolving alimony, property, and any child issues supports a divorce by mutual consent with no separation waiting period (Md. Family Law 7-103).
- 7
Spouses may make a valid and enforceable settlement of alimony, support, property rights, or personal rights (Md. Family Law 8-101). Once the agreement is incorporated or merged into the divorce decree, the court may enforce it and may modify the provisions that are open to modification (Md. Family Law 8-105).
Key decisions before you file
Before you file a Marital Settlement Agreement in Maryland, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Maryland Requirements for Marital Settlement Agreement
Equitable Distribution by Monetary Award
Maryland is an equitable-distribution state, not a community-property state. Property is not automatically divided 50/50. After classifying and valuing marital property, the court may transfer interests, grant a monetary award, or both, as an adjustment of the equities and rights of the parties (Md. Family Law 8-205).
Spouses Can Agree on the Division
A Maryland marital settlement agreement lets the parties agree on the property division and any monetary award themselves, so they can reach a fair split that fits their situation instead of leaving it to the court to decide under Md. Family Law 8-205.
No Statewide Alimony Formula
Maryland has no statewide formula for alimony. A court sets the amount and duration by considering all the factors necessary for a fair and equitable award under Md. Family Law 11-106, including the ability of the party seeking alimony to be self-supporting, the standard of living during the marriage, and the duration of the marriage.
Child Support Follows the Guidelines
Child support follows the Maryland statewide guidelines. In any proceeding the court shall use the guidelines, and there is a rebuttable presumption that the guideline amount is the correct amount (Md. Family Law 12-202). Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Maryland marital settlement agreement remain subject to the court and can be modified later in the best interests of the child. These terms are never fixed the way a property division can be.
Divorce by Mutual Consent
Since October 1, 2023, mutual consent is one of three grounds for absolute divorce in Maryland (Md. Family Law 7-103). A signed marital settlement agreement resolving alimony, property, and any child issues supports a divorce by mutual consent with no separation waiting period.
In Writing and Signed
A Maryland marital settlement agreement must be in writing and signed by both spouses to be a valid and enforceable settlement (Md. Family Law 8-101). No statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Incorporation Into the Decree
Once incorporated or merged into the divorce decree, the agreement carries the force of a court order. The court may enforce merged provisions by the power of contempt and may modify the provisions that are open to modification (Md. Family Law 8-105).