Marital property is generally property that is acquired during marriage, is jointly owned by the spouses, and is subject to division upon divorce—whether the spouses reside in (1) an equitable distribution or common law property state or (2) in a community property state.

Marital property is distinct from separate property, which is generally property that a spouse acquired before marriage—or acquired by gift or inheritance during marriage—and is not subject to division upon divorce.

Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, divorce courts generally start with the presumption that the marital property is owned equally by the spouses and will be divided equally upon divorce.

In other states—so-called equitable distribution or common law property states—the divorce court attempts to divide the spouses’ assets equitably (fairly) and may consider a spouse’s separate property in deciding to make an unequal division of the spouses’ marital property.

In practice, the difference between the division of assets in community property states and in equitable distribution states is sometimes not as great as it may seem, as the court in a community property state may have the discretion to divide the spouses’ community property on a 60-40, 70-30, or other unequal basis.

In Maryland, the state follows the principles of equitable distribution rather than community property law when it comes to dividing marital assets during a divorce. Marital property in Maryland includes assets acquired by either spouse during the marriage, except for gifts or inheritances received by one spouse, which are considered separate property. Upon divorce, the court will aim to divide marital property in a manner that is fair and equitable, which does not necessarily mean equal. Factors such as the length of the marriage, the contributions of each spouse to the well-being of the family, the economic circumstances of each spouse, and other relevant considerations may influence the division of property. Separate property, being that which was owned prior to the marriage or received as a gift or inheritance, is typically not subject to division. It's important to note that while Maryland's approach aims for fairness, the division of assets may not always result in a 50-50 split, as the court has discretion to determine what is equitable based on the circumstances of the case.