MARVIN MANDEL, Governor

SECTION 3. AND BE IT FURTHER ENACTED,
shall take effect July 1, 1976.

Approved May 4, 1976.

CHAPTER 440
(House Bill 829)

AN ACT concerning

Sex Discrimination — Alimony, Alimony Pendente
Lite, and Counsel Fees

FOR the purpose of extending the provisions   for alimony,

alimony pendente lite, and counsel     fees to both

sexes; and generally clarifying the     language of
those provisions.

BY repealing and reenacting, with amendments,

Article 16 — Chancery

Section 5

Annotated Code of Maryland

(1973 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 5 of Article 16 — Chancery, of the
Annotated Code of Maryland (1973 Replacement Volume and
1975 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Article 16 — Chancery

5.

(a)       [In all cases where alimony or alimony
pendente lite and counsel fees are claimed, the] [[A]]In

all cases where alimony or alimony pendente lite and

counsel fees are claimed, the court [shall] MAY not
award [such] alimony, ALIMONY PENDENTE LITE, or counsel
fees [[THAT ARE CLAIMED]] unless it [shall appear]
APPEARS from the evidence that the [wife's] SPOUSE'S
income [[OF THE CLAIMING SPOUSE]] is insufficient to care
for HIS OR her needs.

(b)        [In all cases where] IF a decree of the court
is silent as to alimony [,] or [where a decree of the
court] reserves alimony, [it shall be within the sole
discretion of] the court that issued [such] THE decree
HAS SOLE DISCRETION as to whether OR NOT alimony pendente
lite on appeal shall be granted.

1161
That this Act