The Most Expensive Divorce Mistake? Making Decisions Without the Facts
September 7, 2026
For many people considering divorce, one concern extends beyond finances, custody, and the future of the family:
Who will be able to see the personal information disclosed during my divorce?
That concern can be particularly significant for business owners, physicians, attorneys, executives, public figures, and high-net-worth families. Divorce litigation can require disclosure of detailed financial information, business interests, settlement terms, parenting arrangements, and other matters that most families understandably consider private.
Beginning October 1, 2026, a new Maryland law provides greater protection from public inspection for certain records relating to divorce proceedings.
Jump to Section:
What Does Maryland's New Divorce Privacy Law Do?
Who Can Still Access the Records?
Does This Mean a Maryland Divorce Is Now Completely Private?
Why Does This Matter in High-Asset Maryland Divorces?
Privacy Still Requires Thoughtful Planning
Don't Forget About Your Own Communications
But the new law does not mean that everything connected with a Maryland divorce automatically becomes confidential. Understanding that distinction is important.
What Does Maryland's New Divorce Privacy Law Do?
Maryland's new law, enacted as Chapter 880 of the 2026 Laws of Maryland, changes the rules governing public inspection of certain divorce-related records.
Beginning October 1, 2026, the law requires a custodian to deny public inspection of records pertaining to a divorce proceeding, including:
- An application for divorce
- Financial records submitted as part of the divorce proceeding
- Records of a divorce settlement
- Custody orders
The law is intended to provide greater privacy for some of the most personal information that can become part of a divorce case.
Who Can Still Access the Records?
The law does not prevent the spouses themselves from obtaining information about their case.
Access remains available to:
- A person who is the subject of the record or otherwise qualifies as a "person in interest"
- An attorney representing that person
- Someone authorized by a court order to inspect the record
In other words, the new law is primarily directed at restricting access by unrelated members of the public—not preventing the parties and their attorneys from obtaining the information necessary to litigate the divorce.
Does This Mean a Maryland Divorce Is Now Completely Private?
No.
This may be the most important point to understand about the new law.
The legislation specifically excludes the final divorce decree from its new restriction on inspection. Moreover, divorce litigation can involve information presented through hearings, testimony, exhibits, discovery, motions, and other proceedings.
There are also existing Maryland court rules governing access to judicial records, and the interaction between those rules and the new legislation may continue to develop.
For that reason, it would be misleading to say that Maryland divorces will simply become "confidential" after October 1.
A better way to understand the change is that Maryland is providing greater protection for certain sensitive divorce records, rather than creating complete secrecy surrounding divorce proceedings.
Why Does This Matter in High-Asset Maryland Divorces?
For many of the families we represent, privacy is not merely a matter of personal preference.
A divorce may involve disclosure of:
- Closely held business interests
- Executive compensation
- Investment and retirement accounts
- Real estate holdings
- Trust interests
- Business valuations
- Personal financial statements
- Settlement terms
- Sensitive information involving children
For business owners and professionals, financial disclosures may also contain information concerning companies, partners, employees, or investors who are not themselves parties to the divorce.
The new law therefore represents an important development for Maryland families concerned about unnecessary public exposure of their financial and personal affairs.
Privacy Still Requires Thoughtful Planning
The new law should not create a false sense of security.
Privacy should be considered from the beginning of a divorce—not after sensitive information has already been unnecessarily disclosed.
Parties should work with their attorneys to consider questions such as:
- What information actually needs to be filed with the court?
- Does a document contain sensitive personal or business information?
- Are existing protections available for particular financial or personal records?
- Should particularly sensitive information be addressed through a protective order or other appropriate procedure?
The answers will depend upon the circumstances of each case.
Your Family. Your Rights. Our Priority.
Baumohl Hamburg: Trusted Family Law Representation in Maryland
Don't Forget About Your Own Communications
There is another aspect of divorce privacy that no statute can completely protect: what the parties themselves disclose.
Social media posts, text messages, emails, photographs, and communications with friends or family can all create unnecessary exposure during a divorce.
Even with greater statutory protection for certain court records, good judgment remains essential.
As we frequently remind clients, before posting or sending something during litigation, imagine seeing it displayed in a courtroom with an exhibit sticker attached to it.
A Meaningful Change—but Not Complete Confidentiality
Maryland's new divorce privacy law is a significant development, particularly for individuals concerned about financial, business, parenting, or reputational privacy.
Beginning October 1, 2026, certain divorce-related records will receive greater protection from public inspection. But the new law should not be interpreted as making every aspect of a Maryland divorce confidential.
For individuals with substantial assets, business interests, public-facing careers, or sensitive family circumstances, privacy should remain part of the legal strategy from the beginning of the case.
If you are considering a divorce in Maryland and have concerns about protecting financial, business, or family information, a confidential conversation with an experienced Maryland family law attorney can help you understand both the new protections and the additional steps that may be appropriate for your particular circumstances.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
About the Author
Harry A. Baumohl, Esq. is a founder of Baumohl Hamburg, LLC with more than four decades of experience practicing family law in Maryland. His practice focuses on complex and high-net-worth divorce, high-conflict custody matters, prenuptial agreements, mediation, and collaborative law.
Based in Pikesville, Harry represents clients throughout Baltimore County, Howard County, and Carroll County, as well as Baltimore City, Harford County, and Anne Arundel County.
