Md. Code, Family Law, Title 8

in effect

Md. Code, Family Law § 8-101

(a) A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights. (b) A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.

Md. Code, Family Law § 8-102

A deed or agreement between spouses is not a bar to an action for absolute or limited divorce, regardless of whether the deed or agreement was executed: (1) when the parties were living together or apart; or (2) before, after, or while there was a ground for divorce.

Md. Code, Family Law § 8-103

(a) The court may modify any provision of a deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, if the modification would be in the best interests of the child. (b) The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states that the provisions with respect to spousal support are not subject to any court modification. (c) The court may modify any provision of a deed, agreement, or settlement with respect to alimony or spousal support executed on or after April 13, 1976, regardless of how the provision is stated, unless there is: (1) an express waiver of alimony or spousal support; or (2) a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.

Md. Code, Family Law § 8-105

(a) (1) The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree. (2) The court may enforce by power of contempt or as an independent contract not superseded by the divorce decree the provisions of a deed, agreement, or settlement that contain language that the deed, agreement, or settlement is incorporated but not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. (b) The court may modify any provision of a deed, agreement, or settlement that is: (1) incorporated, whether or not merged, into a divorce decree; and (2) subject to modification under § 8-103 of this subtitle.

Md. Code, Family Law § 8-201

(a) In this subtitle the following words have the meanings indicated. (b) “Child” means a child: (1) under the age of 18 years; or (2) 18 years old or older and dependent on a parent because of mental or physical infirmity. (c) (1) “Family home” means the property in this State that: (i) was used as the principal residence of the parties when they lived together; (ii) is owned or leased by 1 or both of the parties at the time of the proceeding; and (iii) is being used or will be used as a principal residence by 1 or both of the parties and a child. (2) “Family home” does not include property: (i) acquired before the marriage; (ii) acquired by inheritance or gift from a third party; or (iii) excluded by valid agreement. (d) (1) “Family use personal property” means tangible personal property: (i) acquired during the marriage; (ii) owned by 1 or both of the parties; and (iii) used primarily for family purposes. (2) “Family use personal property” includes: (i) motor vehicles; (ii) furniture; (iii) furnishings; and (iv) household appliances. (3) “Family use personal property” does not include property: (i) acquired by inheritance or gift from a third party; or (ii) excluded by valid agreement. (e) (1) “Marital property” means the property, however titled, acquired by 1 or both parties during the marriage. (2) “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. (3) Except as provided in paragraph (2) of this subsection, “marital property” does not include property: (i) acquired before the marriage; (ii) acquired by inheritance or gift from a third party; (iii) excluded by valid agreement; or (iv) directly traceable to any of these sources.

Md. Code, Family Law § 8-202

(a) (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 § 8–205 of this subtitle, the court may not transfer the ownership of personal or real property from one party to the other. (b) 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.

Md. Code, Family Law § 8-203

(a) 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) In this subtitle a military pension shall be considered in the same manner as any other pension or retirement benefit.

Md. Code, Family Law § 8-204

(a) Except as provided in subsection (b) of this section, the court shall determine the value of all marital property. (b) (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.

Md. Code, Family Law § 8-205

(a) (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) 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 § 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) 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.

Md. Code, Family Law § 8-206

The court shall exercise its powers under §§ 8-207 through 8-213 of this subtitle: (1) to enable any child of the family to continue to live in the environment and community that are familiar to the child; and (2) to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.

Md. Code, Family Law § 8-207

(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property: (1) before the court grants an annulment or a limited or absolute divorce; or (2) when the court grants an annulment or a limited or absolute divorce. (b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding. (c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.

Md. Code, Family Law § 8-208

(a) (1) 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: (i) decide that one of the parties shall have the sole possession and use of that property; or (ii) divide the possession and use of the property between the parties. (2) The court may exercise these powers pendente lite. (b) In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors: (1) the best interests of any child; (2) the interest of each party in continuing: (i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or (ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and (3) 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. (c) The court may order or decree that either or both of the parties pay all or any part of: (1) any mortgage payments or rent; (2) any indebtedness that is related to the property; (3) the cost of maintenance, insurance, assessments, and taxes; or (4) any similar expenses in connection with the property. (d) An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.

Md. Code, Family Law § 8-209

In a temporary or final order or decree, each provision that concerns the family home or family use personal property is subject, as the circumstances and justice may require, to: (1) the terms and conditions that the court sets; (2) the time limits that the court sets, subject to § 8-210 of this subtitle; and (3) modification or dissolution by the court.

Md. Code, Family Law § 8-210

(a) (1) 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. (2) 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. (b) Subject to the provisions of subsection (a) of this section, 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 when the party with the possession or use of the property remarries. (c) When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 of this subtitle.

Md. Code, Family Law § 8-211

An order, award, or decree under §§ 8-207 through 8-209 of this subtitle may not be considered as evidence of constructive desertion.

Md. Code, Family Law § 8-212

If an annulment or a divorce has been granted by a court in a foreign jurisdiction, a court in this State may exercise the powers under this subtitle if: (1) one of the parties was domiciled in this State when the foreign proceeding was commenced; and (2) the court in the other jurisdiction lacked or did not exercise personal jurisdiction over the party domiciled in this State or jurisdiction over the property at issue.

Md. Code, Family Law § 8-213

(a) Any order, award, or decree entered under this subtitle may be enforced under the Maryland Rules. (b) Any decree of annulment or of limited or absolute divorce in which the court reserves any power under this subtitle is final and subject to appeal in all other respects.

Md. Code, Family Law § 8-214

(a) In this section, “reasonable and necessary expense” includes: (1) suit money; (2) counsel fees; and (3) costs. (b) At any point in a proceeding under this subtitle, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding. (c) Before ordering the payment, the court shall consider: (1) the financial resources and financial needs of both parties; and (2) whether there was substantial justification for prosecuting or defending the proceeding. (d) Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding. (e) The court may award reimbursement for any reasonable and necessary expense that has previously been paid. (f) As to any amount awarded for counsel fees, the court may: (1) order that the amount awarded be paid directly to the lawyer; and (2) enter judgment in favor of the lawyer.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026