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Session Laws, 1994
Volume 773, Page 2213   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         Ch. 462

(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.

(C) THERE IS A REBUTTABLE PRESUMPTION THAT PROPERTY THE PARTIES
TITLE JOINTLY DURING THE MARRIAGE IS MARITAL PROPERTY, REGARDLESS OF
HOW ACQUIRED, UNLESS THE PROPERTY IS HELD BY TENANCY IN COMMON OR
EXCLUDED BY VALID AGREEMENT.

8-205.

(a)     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 a pension, retirement, profit sharing, or deferred
compensation plan from 1 party to either or both parties, 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.

(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 the pension, retirement, profit sharing, or
deferred compensation plan, 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 the pension, retirement,
profit sharing, or deferred compensation plan, was acquired, including the effort expended by
each party in accumulating the marital property or the interest in the pension, retirement, profit
sharing, or deferred compensation plan, or both;

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Session Laws, 1994
Volume 773, Page 2213   View pdf image
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