Family Law (GFL) — Title 8. Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment

an express waiver of alimony or spousal support; or

a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.

The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree.

The court may enforce by power of contempt or as an independent contract not superseded by the divorce decree the provisions of a deed, agreement, or settlement that contain language that the deed, agreement, or settlement is incorporated but not merged into a divorce decree.

incorporated, whether or not merged, into a divorce decree; and

subject to modification under § 8-103 of this subtitle.

under the age of 18 years; or

18 years old or older and dependent on a parent because of mental or physical infirmity.

“Family home” means the property in this State that:

“Family home” does not include property:

“Family use personal property” means tangible personal property:

“Family use personal property” includes:

“Family use personal property” does not include property:

“Marital property” means the property, however titled, acquired by 1 or both parties during the marriage.

“Marital property” includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement.

Except as provided in paragraph (2) of this subsection, “marital property” does not include property:

When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.

When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.

Except as provided in § 8–205 of this subtitle, the court may not transfer the ownership of personal or real property from one party to the other.

grant a decree that states what the ownership interest of each party is; and

as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.

when the court grants an annulment or an absolute divorce;

within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or

after the 90–day period if:

The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an “if, as, and when” basis.

If a party objects to the distribution of retirement benefits on an “if, as, and when” basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an “if, as, and when” basis shall be deemed to be waived unless good cause is shown.

Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.

The court may transfer ownership of an interest in:

the contributions, monetary and nonmonetary, of each party to the well-being of the family;

the value of all property interests of each party;

the economic circumstances of each party at the time the award is to be made;

the circumstances that contributed to the estrangement of the parties;

the duration of the marriage;

the age of each party;

the physical and mental condition of each party;

how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;

the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;

any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and

any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.

before the court grants an annulment or a limited or absolute divorce; or

when the court grants an annulment or a limited or absolute divorce.

When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:

The court may exercise these powers pendente lite.

the best interests of any child;

the interest of each party in continuing:

any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8–207 through 8–213 of this subtitle.

any mortgage payments or rent;

any indebtedness that is related to the property;

the cost of maintenance, insurance, assessments, and taxes; or

any similar expenses in connection with the property.

In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.

The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.

suit money;

counsel fees; and

costs.

the financial resources and financial needs of both parties; and

whether there was substantial justification for prosecuting or defending the proceeding.

order that the amount awarded be paid directly to the lawyer; and

enter judgment in favor of the lawyer.