A New Maryland Law Could Help Divorcing Couples Keep Lower Mortgage Rates After Divorce
October 1, 2025
Divorcing or separating is never easy, especially when children are involved. For parents with significant financial resources or complex family dynamics, custody decisions can have long-lasting consequences.
As of October 1, 2025, a new Maryland law House Bill 1191 (HB 1191) reshapes how courts evaluate custody arrangements. This reform is one of the most important updates in Maryland family law in years, and it affects every parent navigating custody disputes.
In this article, we’ll explain what HB 1191 changes, the factors courts will now weigh, and what affluent or high-asset families should consider when preparing for a custody case in Maryland.
What HB 1191 Does: A Clearer Custody Standard
Prior to HB 1191, Maryland custody law relied heavily on judicial discretion and decades of case law, which often created uncertainty for parents. The new statute codifies and clarifies the specific factors Maryland judges must consider when determining both legal custody (decision-making authority) and physical custody (where the child primarily resides).
The law emphasizes that no single factor is controlling. Instead, courts must evaluate the best interests of the child holistically. For high-net-worth families, this clarity is especially important, as disputes often involve not just parenting time but also educational choices, private schooling, healthcare decisions, and international travel.
Key Custody Factors Under the New Law
HB 1191 identifies a detailed list of considerations that courts will weigh. Some of the most significant include:
- The child’s needs and relationships: Judges will evaluate the child’s age, developmental needs, and ties with parents, siblings, and extended family.
- Parental ability to meet needs: Courts will assess each parent’s ability to provide food, housing, medical care, and education. These are issues that can be complex when private schools, tutors, or specialized medical care are involved.
- Parental communication and cooperation: The willingness and ability of parents to work together, share information, and make joint decisions is central.
- History of caregiving: Judges will look at who has historically provided day-to-day care, scheduling, and financial support.
- Parental fitness: Substance abuse, domestic violence, or patterns of manipulation can weigh heavily against a parent.
- Geographic considerations: The distance between homes, transportation, and feasibility of parenting schedules.
- Child’s preference: Depending on age and maturity, the child’s wishes may be considered.
For affluent families, geographic issues and educational decisions are often flashpoints. For example, one parent may want a child to remain in a prestigious private school, while the other suggests an out-of-state boarding school. These conflicts will now be filtered through HB 1191’s framework.
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Why This Matters for High-Income and High-Asset Families
1. Decision-Making Power Can Affect Substantial Assets
Legal custody determines who has authority over private school tuition, extracurricular expenses, medical specialists, and even international travel. For families with significant means, these are not minor decisions; they often involve tens of thousands of dollars annually.
2. Transparency and Documentation Are Crucial
Because courts will examine financial and caregiving contributions in detail, parents should be prepared to document expenses, schedules, and communications. For high-asset households, this may include producing tax returns, K-1 statements, trust distributions, and business records to show financial support.
3. Reputation and Conduct Matter
Judges now have clearer authority to weigh parental cooperation. For professionals, executives, or business owners, patterns of conflict or manipulation can harm not only custody outcomes but also personal and professional reputation if proceedings become public.
Preparing for Custody Under HB 1191
If you are preparing for a custody dispute in Maryland, here are practical steps to take under the new law:
- Keep detailed records: Track caregiving responsibilities, expenses, and involvement in school or extracurricular activities.
- Demonstrate cooperation: Show a willingness to communicate constructively with the other parent, even when disagreements arise.
- Engage experts early: In high-asset cases, forensic accountants, vocational experts, or custody evaluators can provide objective insight.
- Focus on the child’s needs and not the parental conflict: Courts are attuned to whether parents prioritize the child’s well-being over personal disputes.
- Consider settlement or mediation: Judges appreciate it when parents craft workable parenting plans without prolonged litigation.
How Maryland Attorneys Can Help
A skilled Maryland family law attorney can make a critical difference in high-asset custody cases. At Baumohl Hamburg LLC, we understand the unique concerns of affluent families, whether it’s protecting business interests, ensuring children maintain educational continuity, or safeguarding financial resources. We help clients navigate custody disputes with both legal precision and discretion.
Conclusion
Maryland’s new custody law, HB 1191, is designed to provide clarity, consistency, and fairness in parenting determinations. For high-income and high-asset families, the stakes in custody disputes remain high, but the path forward is clearer than ever. By understanding the new factors, documenting contributions, and working with an experienced Maryland family law attorney, you can protect your rights while prioritizing your child’s best interests.
If you are facing a custody matter in Maryland contact Baumohl Hamburg LLC today to schedule a confidential consultation. We help Maryland clients navigate custody, divorce, and high-asset disputes with the experience and insight you need.
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. brings over four decades of Maryland family law expertise to every consultation, with a unique philosophy centered on understanding each client's complete picture—what he calls "knowing what's in the envelope.” His practice focuses on complex family situations including high-asset divorces, intricate custody disputes, and sophisticated financial scenarios. Whether representing spouses in traditional marriages or same-sex couples, Harry's approach remains consistent: thoughtful, strategic guidance tailored to each family's specific needs and circumstances.
Harry's areas of concentration include:
- Complex divorce litigation and high net worth asset division
- High-conflict parenting disputes and custody arrangements
- Prenuptial agreements and family planning strategies
- Mediation and collaborative family law approaches
- Untangling complicated financial and business interests in divorce
What sets Harry apart is his commitment to matching clients with the right approach and the right attorney—even when that attorney isn't him. His decades of experience have taught him that successful outcomes depend on proper fit, timing, and strategy. He takes pride in his ability to assess what each situation truly requires and provide honest guidance about the best path forward. Known for his calm, experienced approach during clients' most difficult transitions, Harry combines passionate advocacy with strategic thinking, always keeping his clients' long-term interests at the center of every decision.
For a confidential consultation about your family law matter, contact Harry at harry@bahalaw.com or visit www.bahalaw.com.
