a) Where available.- The court may award alimony:
(1) on a bill of complaint for alimony; or
(2) as a part of a decree that grants:
(i) an annulment;
(ii) a limited divorce; or (iii) an absolute divorce.
(b) Award to either party.- The court may award alimony to either party.
(c) Effect of agreement.- If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony.
(d) Spouse a resident in related institution.- Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the court may not award alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in Section 19-301 of the Health - General Article, if the petitioner attempts to satisfy the separation grounds for divorce under Section Section 7-102 and 7-103 of this article based on the spouse's residence in the related institution.
[An. Code 1957, art. 16, Section 1; 1984, ch. 296, Section 2; 1992, ch. 628.]
Tuesday, December 29, 2009
Maryland Alimony Duration and Amount
Section 11-106 Award - Determination of amount and duration
(a) Court to make determination.- (1) The court shall determine the amount of and the period for an award of alimony.
(2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3) At the conclusion of the period of the award of alimony, no further alimony shall accrue.
(b) Required considerations.- In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1) the ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of the parties;
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income;
(ii) any award made under Section Section 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and (iv) the right of each party to receive retirement benefits; and (12) whether the award would cause a spouse who is a resident of a related institution as defined in Section 19-301 of the Health - General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
(c) Award for indefinite period.- The court may award alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
[An. Code 1957, art. 16, Section 1; 1984, ch. 213; ch. 296, Section 2; 1992, ch. 628.]
(a) Court to make determination.- (1) The court shall determine the amount of and the period for an award of alimony.
(2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3) At the conclusion of the period of the award of alimony, no further alimony shall accrue.
(b) Required considerations.- In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1) the ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of the parties;
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income;
(ii) any award made under Section Section 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and (iv) the right of each party to receive retirement benefits; and (12) whether the award would cause a spouse who is a resident of a related institution as defined in Section 19-301 of the Health - General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
(c) Award for indefinite period.- The court may award alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
[An. Code 1957, art. 16, Section 1; 1984, ch. 213; ch. 296, Section 2; 1992, ch. 628.]
Maryland Marital Property Valuation
Section 8-204 Marital property - Valuation
(a) Determination by court.- Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.
(b) Retirement benefits.- (1) 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.
(2) 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.
[CJ Section 3-6A-05; 1984, ch. 296, Section 2; 1994, ch. 653; 2004, ch. 457.]
(a) Determination by court.- Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.
(b) Retirement benefits.- (1) 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.
(2) 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.
[CJ Section 3-6A-05; 1984, ch. 296, Section 2; 1994, ch. 653; 2004, ch. 457.]
Maryland Marital Property Award
Section 8-205 Marital property - Award
(a) Grant of award.- (1) 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.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties;
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties; and (iii) subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by:
1. ordering the transfer of ownership of the real property or any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property;
2. authorizing one party to purchase the interest of the other party in the real property, in accordance with the terms and conditions ordered by the court; or
3. both.
(b) Factors in determining amount and method of payment or terms of transfer.- The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) 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;
(9) the contribution by either party of property described in Section 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) 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 (11) 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.
(c) Award reduced to judgment.- The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
[CJ Section 3-6A-05; 1984, ch. 296, Section 2; 1986, ch. 765; 1994, ch. 462; 2004, ch. 457; 2006, ch. 431.]
(a) Grant of award.- (1) 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.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties;
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties; and (iii) subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by:
1. ordering the transfer of ownership of the real property or any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property;
2. authorizing one party to purchase the interest of the other party in the real property, in accordance with the terms and conditions ordered by the court; or
3. both.
(b) Factors in determining amount and method of payment or terms of transfer.- The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) 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;
(9) the contribution by either party of property described in Section 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) 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 (11) 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.
(c) Award reduced to judgment.- The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
[CJ Section 3-6A-05; 1984, ch. 296, Section 2; 1986, ch. 765; 1994, ch. 462; 2004, ch. 457; 2006, ch. 431.]
Maryland Ownership of Property
Section 8-202 Ownership of personal and real property
(a) Determination of ownership.- (1) 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.
(2) 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.
(3) Except as provided in Section 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.
(b) Decree and order.- When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) 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.
[CJ Section Section 3-6A-03, 3-6A-04; 1984, ch. 296, Section 2; 1986, ch. 765; 2004, ch. 457; 2006, ch. 431.]
(a) Determination of ownership.- (1) 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.
(2) 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.
(3) Except as provided in Section 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.
(b) Decree and order.- When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) 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.
[CJ Section Section 3-6A-03, 3-6A-04; 1984, ch. 296, Section 2; 1986, ch. 765; 2004, ch. 457; 2006, ch. 431.]
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.]
(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.]
Maryland Grounds for Divorce
State Divorce Laws: MarylandResidency and Filing Requirements: In order to file for a divorce in Maryland, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:There is a 1 year requirement if the grounds for the divorce occurred outside the state of Maryland, otherwise if either spouse is a resident of the state of Maryland, he or she may file in the county in which either spouse resides. If you are filing for divorce under the grounds of insanity, the residency requirement is increased to 2 years. (Maryland Code - Family Law Chapter - Section: 7-103)
Learn More with 5 Great Options!Grounds for Filing: The Bill for Divorce must declare the appropriate Maryland grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:The court may decree an absolute divorce on the following grounds:(1) adultery; (2) desertion, if: (i) the desertion has continued for 12 months without interruption before the filing of the application for divorce; (ii) the desertion is deliberate and final; and (iii) there is no reasonable expectation of reconciliation; (3) voluntary separation, if: (i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (ii) there is no reasonable expectation of reconciliation; (4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has: (i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and (ii) served 12 months of the sentence; (5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce; (6) insanity if: (i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce; (7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or (8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation. (Maryland Code - Family Law Chapter - Section: 7-103)
Learn More with 5 Great Options!Grounds for Filing: The Bill for Divorce must declare the appropriate Maryland grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:The court may decree an absolute divorce on the following grounds:(1) adultery; (2) desertion, if: (i) the desertion has continued for 12 months without interruption before the filing of the application for divorce; (ii) the desertion is deliberate and final; and (iii) there is no reasonable expectation of reconciliation; (3) voluntary separation, if: (i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (ii) there is no reasonable expectation of reconciliation; (4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has: (i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and (ii) served 12 months of the sentence; (5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce; (6) insanity if: (i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce; (7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or (8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation. (Maryland Code - Family Law Chapter - Section: 7-103)
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