Division of Marital Property

Maryland and Virginia Property Division Attorney

Ensuring a Fair and Equitable Split of Everything You’ve Built Together

One of the most important — and often most complicated — parts of a Maryland and Virginia divorce is dividing marital property. From the family home to retirement accounts, debts, and personal belongings, every asset and liability must be identified, valued, and distributed fairly. At The Burton Firm, our experienced Maryland and Virginia property division attorney helps clients protect what they’ve worked hard for while reaching practical, lasting settlements.

We proudly serve clients in Northern Virginia and Southern Maryland, including Fairfax County, Prince George’s County, Montgomery County, Anne Arundel County, Howard County, Charles County, Calvert and the Metro D.C. area, handling both straightforward and high-asset divorce cases with precision and care.

How Property Is Divided in Maryland

Maryland and Virginia equitable distribution states. This means marital property is divided fairly, but not necessarily 50/50. The court considers many factors to decide what is equitable in each unique situation.

Our firm guides you through every step:

• Identifying marital vs. non-marital property
• Accurately valuing homes, investments, businesses, vehicles, and other assets
• Tracing separate property that may have become marital (commingling)
• Negotiating settlements that avoid costly litigation whenever possible
• Litigating complex or contested divisions when needed

What Counts as Marital Property?

In Maryland and Virginia, marital property generally includes anything acquired during the marriage, regardless of whose name is on the title, provided that it is not sourced in premarital funds, inherited assets, assets gifted by a third party, or assets excluded by a valid agreement. Property can be part-marital and the marital character of property can change if it is comingled and impossible to trace.

• Family homes and real estate
• Bank and investment accounts
• Retirement plans, 401(k)s, pensions, and IRAs
• Businesses and professional practices
• Vehicles, furniture, jewelry, and personal belongings
• Stock options, bonuses, and deferred compensation
• Marital debt (credit cards, mortgages, loans)

Property owned before the marriage, certain inheritances, and gifts to one spouse may remain non-marital if kept separate. We carefully review financial records to protect your separate property rights.

Factors Courts Consider in Equitable Distribution

Maryland and Virginia judges weigh numerous factors when dividing marital property, including:

• Length of the marriage
• Monetary and non-monetary contributions of each spouse (including homemaking and childcare)
• Economic circumstances of each spouse after divorce
• How and when specific property was acquired
• Age, health, and earning ability of each party
• Any alimony awarded
• Marital misconduct (in some cases)

We present clear, compelling evidence on these factors to ensure the division reflects your true contributions and future needs.

Complex Assets We Handle

• Businesses and professional practices
• Retirement accounts and pensions (including military and federal pensions)
• Real estate and investment properties
• Stock options and executive compensation
• Cryptocurrency and digital assets
• Hidden or dissipated assets

When necessary, we work with forensic accountants, appraisers, and valuation experts to uncover and properly value every asset.

Protecting Your Interests

Our goal is to secure a property division that lets you move forward with financial confidence. Whether through skilled negotiation, mediation, or courtroom advocacy, we fight for an outcome that is fair, enforceable, and built to last.