Maryland is an equitable distribution state which means that the court will equitably divide and distribute the marital property and liabilities in a divorce action. Equitable means “fair”; it does not always require a 50/50 split.
Nevertheless, the presumption is that the distribution should be equal unless there is a justification for an unequal distribution. The court will analyze a number of statutory factors to determine if an unequal distribution of assets and/or liabilities is justified. Marital fault is only one of many considerations that a Judge will look at if s/he decides to unequally distribute the marital assets.