Who Gets the Golf Club Membership in a Maryland Divorce?

April 5th, 2023

Jimeno & Gray, P.A.

Divorcing a spouse involves making a lot of changes to your lifestyle and assets. You and your spouse may be wondering: who gets the golf club membership in a divorce? Is this something you should divide equally, or how will you ensure a fair distribution? Read on to learn the answers to these questions and more.

Understanding Property Division in a Divorce

Before we can answer “Who gets the golf club membership in a divorce?” we should discuss the tenets of property division in Maryland.

Maryland is an equitable property distribution state, which means the court will divide all marital property between spouses in a divorce, which may or may not mean 50/50. Marital property is any property either spouse acquired during the marriage. Meanwhile, marital property does not include:

Property either spouse acquired before the marriage
Gifts or inheritances given to one spouse
Property one spouse purchased with funds that are otherwise nonmarital

Factors Affecting the Distribution of a Golf Club Membership

Several factors can affect who gets the golf club membership in a divorce:

Are You Going to Court?

The equitable property policy only applies to contested divorces that require the intervention of a judge. If you and your spouse are creating your own Marital Settlement Agreement, you can decide for yourselves who will keep the golf club membership, meaning you can customize the solution for your family.

Who Paid For the Membership?

Next, consider who initially paid for the membership. Did your spouse purchase the membership before the marriage, then add you as a secondary member? Do you pay the annual membership fees from a joint account?

In many cases, both spouses split the cost of the membership during the marriage, making it marital property.

What Is the Value of the Membership?

Since a golf club membership is an intangible asset, the judge will estimate the value of the membership during your asset distribution. Factors affecting the value of the membership may include:

The annual membership fees
The number of years you and your spouse have been members
Amenities included in the membership

If you believe the membership is more important to you than your spouse, your spouse could request a different high-value asset in its place.

What Do the Terms Say?

Golf clubs understand that married members sometimes part ways, which is why many include information about divorce in their terms and conditions.

For instance, some terms say the primary member will retain the membership after the divorce, while others consider who attends the club more frequently.