For many people considering divorce, privacy is an important concern.
A divorce can require the disclosure of financial information, business interests, settlement terms, parenting arrangements and other details that would ordinarily remain within the family. Beginning October 1, 2026,
Maryland law will provide greater protection for several categories of divorce-related records that may otherwise be available for public inspection.
For individuals concerned about financial exposure, business confidentiality or sensitive family information, the change is worth understanding before a case begins.
What changes on October 1
Under Maryland’s new law, public access will be restricted for records pertaining to divorce proceedings, including:
• divorce applications;
• financial records submitted during the divorce;
• records of divorce settlements; and
• custody orders.
The practical distinction is an important one. Divorcing spouses will still be required to provide the information necessary to address property, support, custody and other issues before the court. What changes is the extent to which certain information can then be inspected by members of the general public who have no involvement in the case.
For some families, that concern may be relatively minor. For others, particularly those involving closely held businesses, substantial assets, public-facing careers or sensitive parenting issues, it can matter considerably.
Who can still access the records?
The new law does not prevent the people involved in a divorce from accessing the records necessary to their case.
The parties, their attorneys and others authorized by the court may continue to obtain covered materials.
The restriction is directed primarily at access by unrelated third parties.
There is also an important distinction surrounding the final divorce decree. The new restriction does not apply to the court’s final decree, which remains governed by Maryland’s existing rules concerning access to court records. In other words, the law creates greater protection for much of the information surrounding a divorce without making the entire proceeding confidential.
Why privacy should be considered early
The October 1 change provides an additional layer of protection, but it does not eliminate every privacy consideration that can arise during divorce.
Information may enter a case through filings, discovery, hearings, exhibits and other parts of the litigation process. Different records may also be governed by different rules.
That is why privacy is best treated as a strategic consideration from the beginning rather than something addressed after sensitive information has already been disclosed.
A business owner may be concerned about financial records or company information. A parent may be focused on keeping details involving children from unnecessary exposure. Someone in a public-facing profession may have broader reputational concerns. Those interests are not identical, and the appropriate approach can vary from case to case.
The new law strengthens the protections available in Maryland, but thoughtful case management still matters.
The practical takeaway
Beginning October 1, Maryland will provide greater privacy for many of the records that contain the most personal information disclosed during divorce.
For prospective clients, the benefit is straightforward: participating fully in the legal process will not necessarily mean exposing the same breadth of financial and family information to public inspection.
The larger point is equally important. Privacy in divorce is not simply about whether a record is technically public or private. It can influence how information is handled, what concerns should be raised with counsel and how a case is approached from the outset.
If you are considering divorce and have concerns involving personal finances, business interests, custody information or reputational exposure, the attorneys at Wasserman White can help you understand how
Maryland’s new privacy protections may apply to your situation and how those concerns should be addressed from the beginning.
Contact Wasserman White to speak with an experienced Maryland family law attorney about your options.
This article is provided for informational purposes only and does not constitute legal advice.