Getting a Divorce After a SameSex Marriage in Maryland: Special Considerations and Things to Know 

Maryland has recognized same-sex marriage since 2013, and same-sex couples follow the same laws as every other married couple. However, this doesn’t mean the practical effects are always the same, just as with any other marriage. There are often unique legal and practical issues you might face, even when the law is applied correctly and evenly. You need an attorney who understands these practicalities and how to protect your rights in a divorce.  

At RPM Law, our Maryland family law attorneys guide you through the process of terminating your marriage, and any unique issues you might face.   

Maryland’s Divorce Laws After 2023 

Maryland changed its divorce laws in 2023. The state no longer permits limited divorce, and all divorces proceed as absolute divorces based on one of three grounds: 

• Mutual consent 
• Sixmonth separation (including inhome separation) 
• Irreconcilable differences 

These grounds apply equally to samesex and oppositesex couples. The process is the same, but the underlying facts of a samesex marriage may create additional considerations. 

Unique Issues SameSex Couples May Face in a Maryland Divorce 

1. Length of the Relationship vs. Length of the Marriage 

Many samesex couples were together long before Maryland recognized their marriage. This can create challenges when dividing property because Maryland courts generally consider: 

• The length of the legal marriage 
• When assets were acquired 
• Whether property is marital or nonmarital 

If you lived together as a couple before your legal marriage, you might feel the legal marital estate doesn’t truly reflect the facts. How this can affect you both is particular to each case. 

2. Parentage and Child Custody Issues 

Child custody issues are often more complex in same-sex divorce cases. This is especially true if only one parent is the biological parent of the child. Maryland law presumes that a child born during a marriage is the child of both spouses, but complications arise when: 

• A child was born before the marriage 
• Only one spouse adopted the child 
• A nonbiological parent never completed a secondparent adoption 
• Assisted reproduction was used without formal documentation 

Maryland courts recognize the idea of “de facto parents.” This means that non-biological or adoptive parents could receive standing if they’ve played a consistent parental role. However, this can still get complicated, and legal advice is highly encouraged in these situations. 

3. Property and Asset Division 

Maryland follows equitable distribution, meaning the court divides marital property fairly, not necessarily equally. Samesex couples may face additional questions, such as: 

• What happens to property acquired before marriage but during a longterm relationship 
• Whether one spouse contributed significantly to the other’s career or education before marriage 
• How to classify assets purchased jointly before marriage 

These issues often require careful documentation and persuasive argument to ensure a fair outcome. 

4. Spousal Support (Alimony) 

Alimony is based on factors such as: 

• The length of the marriage 
• Each spouse’s financial needs 
• Each spouse’s ability to be selfsupporting 
• Contributions to the household or career of the other spouse 

Because many samesex couples were together long before they could legally marry, the “length of marriage” factor may not truly reflect the facts. Court might consider other contextual information, but the legal marriage date still carries weight. 

How to Prepare for a SameSex Divorce in Maryland 

Consider taking the following steps: 

1. Gather Documentation 

Collect records showing: 

• When the relationship began 
• When you married 
• When major assets were acquired 
• Each spouse’s financial contributions 
• Any adoption or parentage documents 

2. Clarify Parentage 

If children are involved, gather: 

• Birth certificates 
• Adoption orders 
• Agreements related to assisted reproduction 
• Evidence of each spouse’s parental role 

3. Understand Your Financial Picture 

Compile information about: 

• Income 
• Debts 
• Retirement accounts 
• Real estate 
• Joint and separate property 

4. Speak With a Family Law Attorney 

An attorney experienced in samesex divorce can help you: 

• Protect parental rights 
• Navigate complex property issues 
• Present the full history of your relationship 
• Pursue a fair and equitable outcome 

Get Help With Your Same-Sex Divorce in Maryland 

While the laws are exactly the same for you as for everyone else, the practical impacts of your separation can be different. Knowing these issues and how to handle them requires a practiced hand. 

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.