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Updated August 07, 2023

A Maryland separation agreement is a contract between spouses in a marriage that allows them to set terms for the division of assets, alimony, and other matters without obtaining a full divorce.

Maryland does not recognize the concept of legal separation, Maryland courts appear to decide whether to enforce separation agreements in the same fashion as other contracts (Williams v. Williams (1986)), with some special considerations regarding child custody and child support (Stancill v. Stancill (1979)).

Is a Separation Agreement Legal in Maryland?

Maryland does not recognize legal separation, but couples can create contracts that determine matters of spousal support, property division and certain personal rights. (Fam. Law § 8-101.) Maryland courts do recognize a similar idea called limited divorce, which does not end the marriage and requires couples to agree beforehand on child custody and financial issues. (Fam. Law § 7-102)

Limited Divorce Requirements

Filing Fee: $165
Residency: If the cause of the separation did not occur in the state, then at least one of the parties must have resided in the state for at least six months before filing (Fam. Law § 7-101)
Where to File: In the circuit court in the county where either spouse lives.