2168

LAWS OF MARYLAND

Ch. 296

In subsection (a)(1) of this section, the words "bill
of complaint" are new language added for clarity. No
substantive change is intended.

In subsection (c) of this section, "an agreement
between the parties" is substituted for the former
language "another agreement", for clarity.

Also in subsection (c) of this section, "the court is
bound by that agreement" is substituted for the former
language "the provisions of that agreement shall
control", for clarity.

The Commission to Revise the Annotated Code calls the
attention of the General Assembly to an ambiguity
regarding the effect of an agreement between the
parties, to which reference is made in subsection (c)
of this section. Under § 8-103 of this article, the
court may modify any provision of an agreement between
spouses with respect to alimony, unless the agreement
expressly waives alimony or provides that the
provisions of the agreement with respect to alimony
are not subject to modification by the court. The
ambiguity arises in the use of the words "final
disposition" in subsection (c) of this section and in
former Article 16, § 1(a). It is unclear whether
those words refer to the court's lack of capacity to
modify an agreement under 1 of the conditions
specified in § 8-103 of this article, or whether they
refer simply to a completed agreement with respect to
alimony that does not include a restriction on the
court's capacity to modify it later. If the
interpretation that "final disposition" refers to §
8-103 of this article is appropriate, the General
Assembly may wish either to reiterate in this section
the provisions of § 8-103 of this article, or to
delete the provision in this section as unnecessary.

The Commission to Revise the Annotated Code also
notes, for consideration by the General Assembly, that
a reference to an "agreement between the parties"
appears in § ll-106(b)(10) of this title. That
reference is equally unclear.

11-102. SAME -- ALIMONY PENDENTE LITE.

IN A PROCEEDING FOR DIVORCE, ALIMONY, OR ANNULMENT OF
MARRIAGE, THE COURT MAY AWARD ALIMONY PENDENTE LITE TO EITHER
PARTY.

REVISOR'S NOTE: This section formerly appeared as Article
16, § 1(e).

The reference to "a proceeding for divorce, alimony,
or annulment of marriage" is new language added for