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Session Laws, 2004
Volume 801, Page 3165   View pdf image
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ROBERT L. EHRLICH, JR., Governor                           H.B. 836

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; AND

(II)     TANGIBLE SUBJECT TO THE CONSENT OF ANY LIENHOLDERS,
FAMILY USE PERSONAL PROPERTY, FROM ONE OR BOTH PARTIES TO EITHER OR
BOTH PARTIES.

(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] 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;
parties;

(4)     the circumstances that contributed to the estrangement of the

(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] 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 [the pension,
retirement, profit sharing, or deferred compensation plan] 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 [the pension, retirement, profit sharing, or deferred compensation plan]
PROPERTY DESCRIBED IN SUBSECTION (A)(2) OF THIS SECTION, or both.

- 3165 -

 

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Session Laws, 2004
Volume 801, Page 3165   View pdf image
 Jump to  
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