In Washington, D.C., marital property includes nearly all assets and income acquired by either spouse during the marriage, regardless of whose name appears on the title. The goal is equitable distribution, meaning a division that is fair based on the unique facts of each case—not necessarily a 50/50 split.

Statutory Framework

• § 16-910, D.C. Code:

Defines marital property as any property, earnings, or assets acquired during the marriage by either spouse. In dividing these assets, D.C. courts consider factors such as:

• Duration of the marriage
• Each spouse’s financial condition
• Contributions to the acquisition and maintenance of marital property

Source: McKeon Law Firm

Case Law

• Harrison v. Harrison (1983):

Ruled that increases in value of non-marital property during the marriage, due to marital efforts or funds, can be treated as marital property (McKeon Law Firm).

• Goodyear v. Goodyear (2014):

Affirmed that marital property can be divided to address economic disparities between the parties after divorce, emphasizing equitable distribution (McKeon Law Firm).

Evaluation Of Different Assets

Retirement Accounts: Divided if accrued during the marriage.

• Real Estate: Division considers financial contributions, living arrangements, and any marital improvements made to the property (McKeon Law Firm).
• Business Interests: Considered marital if they grew during the marriage due to joint efforts.
• Personal Property: Assessed for both sentimental and economic value, with division based on use and acquisition (McKeon Law Firm).
• Gifts: Treated as non-marital if explicitly intended as separate, otherwise included in marital property (McKeon Law Firm).

Navigating marital property division can be complex and emotional. Contact Mir & Bashir LLC today for experienced legal support and tailored guidance to protect your interests during your divorce in Maryland.