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781
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HARRY HUGHES, Governor
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considering the nonmentary, as well as monetary, contributions
spouses make to their marriage, the well-being of each other and
the welfare of the family, and to adjust fairly and equitably all
property interests and rights acquired during the marriage; now,
therefore,
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, that Section(s) 3-6A-07 of Article - Courts and
Judicial Proceedings, of the Annotated Code of Maryland be
renumbered to be Section(s) 3-6A-08.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Courts and Judicial Proceedings
3-6A-01.
(e)(1) "Marital property" is all property, however, titled,
acquired by either or both spouses during their marriage. It
does not include property acquired prior to the marriage,
property acquired by inheritance or gift from a third party, or
property excluded by valid agreement or property directly
traceable to any of these sources.
(2) "MARITAL PROPERTY" INCLUDES:
(I) PENSION AND RETIREMENT BENEFITS, REGARDLESS
OF WHETHER AT THE TIME OF THE AWARD THE BENEFITS ARE VESTED OR
MATURED; AND
(II) MILITARY PENSION, RETIREMENT BENEFITS, AND
RETAINER PAY, IF THE BENEFITS OR PAY ARE PAYABLE FOR PAY PERIODS
BEGINNING ON OR AFTER JUNE 26, 1981.
3-6A-05.
(a) (1) In granting an absolute divorce or annulment, or at
any time within 90 days thereafter, if in its decree granting the
divorce or annulment the court has expressly reserved the power
to do so, the court shall determine which property is marital
property if the division of property is an issue. If the court
has reserved the power to make the determination, the court may
within the time reserved further extend the time for making the
determination with the consent of the parties.
3-6A-07.
IN THIS SUBTITLE, MILITARY PENSIONS SHALL BE CONSIDERED IN
THE SAME MANNER AS ANY OTHER PENSION OR RETIREMENT BENEFIT.
(2) Family use personal property or the family home
shall not be considered marital property so long as it is the
subject of a use possession order.
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