How the Recent Changes to Maryland Divorce Law Impact Divorce in 2026

In the past few years, there have been several changes to divorce law in Maryland that impact proceedings in 2026. These recent reforms are meant to streamline the legal framework of divorce and make the process more accessible, efficient, and less contentious. Specifically, these updates include a full shift to a no-fault divorce system, a reduction in the required separation period, new rules concerning a spouse’s assumable mortgage rights, and substantial changes to the standards used to determine child custody matters.

Recent updates impacting divorce law in Maryland in 2026 include the following:

1. Elimination of Fault-Based Grounds

In recent years, Maryland removed the fault-based grounds for divorce, shifting the state entirely toward a no-fault system based on irreconcilable differences, mutual consent, or a six-month separation. While these changes went into effect in October 2023, they continue to transform how couples approach divorce by eliminating the need to prove a spouse’s wrongdoing. The legislation also reduces the complexity often associated with divorce and can help reduce conflict.

In addition to simplifying divorce procedures, this new divorce law in Maryland can help promote privacy in divorce and allow families to avoid airing sensitive matters in an open courtroom on the record. Notably, in certain instances, spousal misconduct such as adultery, can still play a role in determining alimony or property division, particularly in cases where it leads to dissipation of marital assets.

2. Separation Requirements Shortened

Prior to the 2023 change to Maryland divorce law, a 12 month separation was required to obtain a divorce based upon separation. Recently, the law has changed this requirement to 6 months. Couples are no longer required to live separately in separate homes to fulfill the separation requirement. Now, couples can still reside under the same roof so long as they live independent lives while they wait for the six-month separation to occur.

The shortened separation requirement helps to remove some of the financial barriers a spouse with limited means might otherwise face in leaving an unhappy marriage. It also lessens the emotional strain spouses might feel by drawing out their divorce for an entire year before they are eligible to file. The new separation law and flexibility with respect to living arrangements can allow for more strategic and economically efficient separation planning.

3. Assumable Mortgage Rights

As of October 2025, the laws changed and it is now easier for spouses to transfer mortgage liability on most conventional loans. The new assumption rules allow a spouse remaining in the home to avoid refinancing, if he or she financially qualifies. Assumption also helps to reduce the need for a forced sale due to the inability to qualify for a new mortgage and buy-out at a potentially much higher interest rate. Mortgage companies will still determine whether a spouse assuming the mortgage meets the necessary financial criteria to qualify for the mortgage on his or her own. This law can help preserve financial stability for the spouse keeping the home and help enhance fairness regarding property division.

4. Dissipation of Assets Heavily Scrutinized

Although adultery has been removed as a fault-based ground for divorce in Maryland, incurring lavish dating expenses during separation will be heavily scrutinized by courts based upon the precedent set in a key 2025 appellate case. In Sims v. Sims, the court clarified the rules regarding dissipation of marital assets. The court held that once a spouse shows significant spending on a paramour during separation, the burden shifts to the spending spouse to demonstrate that his or her expenses were legitimate. The case also specified and confirmed that assets acquired during the period of separation are still considered marital property.

5. Change in Child Custody Standards

Effective October 1, 2025, Maryland’s child custody laws codified 16 specific factors for determining the “best interests of the child” in custody cases. By outlining the factors for a judge to consider, this update reduces reliance on ambiguous case law and helps promote a standardized, uniform, and child-centric approach.

The new factors include:

• The stability and foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
• Whether and how parents who do not live together will share the rights and responsibilities of raising a child;
• The child’s relationship with each parent, any siblings, and other relatives, and individuals important in the child’s life;
• The child’s physical and emotional security and protection from exposure to conflict and violence;
• The child’s developmental needs;
• The child’s day-to-day needs;
• How to place the child’s needs above the parents’ needs, protect the child from parental conflict, and maintain the child’s relationship with parents and others likely to have a significant relationship with the child;
• The child’s age;
• The military deployment of a parent and its effect on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child;
• The location of each parent’s home and how it relates to the coordination of parenting time, school, and activities;
• The parents’ relationship with each other;
• The child’s preference; and
• Any other relevant factors the court considers appropriate.

The law also applies to modifications of existing custody orders and further strengthens the legal protections against abuse and neglect of children.

Contact an Experienced Maryland Divorce Attorney

If you have questions about the changes to divorce law in Maryland and how these changes might impact your case, it’s important to consult with a knowledgeable divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide reliable representation for divorce and a wide variety of family law matters. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (301) 658-7354 or contact us online.