Legal Framework And Protections

Marriage Equality and Divorce Rights

• Recognition of Same-Sex Marriage: Maryland legalized same-sex marriage in 2012 through a voter referendum. As a result, same-sex couples have the same rights to marry and divorce as heterosexual couples.
• Divorce Proceedings: Maryland law provides for equitable distribution of marital property, alimony, and child custody arrangements, applying these principles equally to LGBTQ and heterosexual couples.

Child Custody and Parental Rights

• Best Interests Standard: Maryland uses the “best interests of the child” standard for custody decisions, considering factors such as the relationship between the child and each parent, the child’s preferences, and the parents’ ability to provide for the child’s needs.
• Legal Parentage: Both parents in a same-sex marriage are presumed to be the legal parents of any child born during the marriage, facilitating equal consideration in custody and visitation matters.

Alimony and Property Division

• Equitable Distribution: Maryland follows an equitable distribution model for dividing marital property, considering factors such as the duration of the marriage, the contributions of each spouse, and the economic circumstances of each party.
• Alimony Considerations: Alimony is awarded based on factors including the need of the requesting spouse and the ability of the other spouse to pay, with no distinction between LGBTQ and heterosexual marriages.