Tuesday, December 29, 2009

Maryland Equitable Distribution

Section 8-203 Marital property - Determination
(a) Time of court action.- In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) 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
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and (iii) the parties consent to the extension.
(b) Consideration of military pension.- In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.
(c) Exclusion of family home and family use personal property.- Repealed.
[CJ Section Section 3-6A-05, 3-6A-07; 1984, ch. 296, Section 2; 1986, ch. 174; 2004, ch. 457.]

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