Pension Issues


  • Alimony is a periodic payment by one former spouse to the other to provide an opportunity for the recipient spouse to become self-supporting.
  • Divorce mediation is a time-limited, confidential process in which both you and your spouse meet with a neutral third person who helps you decide on the division of parenting responsibilities, where your children will live, when your children with spend time with each parent, how parenting decisions will be made, and the financial issues of property and support.
  • Maryland will recognize as valid out-of-state divorces that meet the requirements of the court granting the divorce judgment.
  • When a former spouse fails to comply with a court order or the terms of a private separation agreement, the other spouse may ask the court for help in gaining compliance
  • Federal legislation gives spouses and divorced spouses some rights in a worker’s pension plan and social security benefits.
  • To obtain an absolute divorce, one spouse must first prove that at least one ground for absolute divorce exists. This page gives a brief description of each ground for divorce in Maryland.
  • To obtain a limited divorce, you must first prove at least one of four grounds. These grounds include the following: mutual and voluntary separation, cruelty of treatment, excessively vicious conduct, or desertion.
  • With a few important exceptions, all the property that was acquired during a marriage is considered marital property.
  • Under certain conditions, a state court may award a portion of one spouse's military retired pay to the other, as part of a divorce order.
  • "No fault" divorce (divorce with no grounds) requires separation living separate and apart for 12 months.
  • Divorce is the ending of a marriage ordered by a court. Because marriage is considered a civil contract between the parties under Maryland law, the complete dissolution of marriage is a divorce. In Maryland, there are two types of divorce: absolute and limited. Limited divorce is sometimes referred to as a legal separation.
  • If you are handling your own divorce, one important type of marital property that can be easily overlooked is the interest one spouse has in the other spouse's pension.
  • Agreements between persons about to marry made prior to the time a ceremony is performed and in anticipation of marriage are usually called pre-nuptial contracts or agreements.
  • A few facts on how property is treated during a divorce in Maryland and a quiz to see if you should represent yourself in your divorce.
  • In order to have access to a part of your spouse’s pension you must have a court order often called a Qualified Domestic Relations Order.
  • To file for divorce in Maryland one party must be resident in Maryland.
  • A couple may privately enter into an oral or written agreement to live apart. This is typically called a marital settlement agreement, separation agreement, or property settlement agreement.
  • Divorce can affect your income taxes. Your written settlement agreement should state how you and your spouse will handle:


  • Agreements between persons about to marry made prior to the time a ceremony is performed and in anticipation of marriage are usually called pre-nuptial contracts or agreements.




Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2013.”