Dwight S. & Antonina K. Platt - Page 18




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          Code Ann., Cts. & Jud. Proc. sec. 3-6A-05 (1980 & Supp.                     
          1983)(repealed and recodified as Md. Code Ann., Fam. Law sec. 8-            
          205 by Acts 1984, ch. 296, secs. 1 and 2),27 did not authorize              
          Maryland courts to transfer ownership of an interest in a pension           
          plan as part of a divorce settlement.  See generally Klingenberg            
          v. Klingenberg, 675 A.2d 551, 555-556 (Md. 1996).  It was not               
          until 1986 that the legislature of the State of Maryland autho-             
          rized Maryland courts to transfer ownership of an interest in a             
          “pension, retirement, profit sharing, or deferred compensation              


               26(...continued)                                                       
          involved in Witcher authorized the court that issued the divorce            
          decree involved in that case to award an ownership interest in a            
          military pension as part of a divorce settlement.  Id.                      
               27The law of Maryland in effect at the time that the Circuit           
          Court for Baltimore County issued the divorce decree involved in            
          the instant cases, Md. Code Ann., Cts. & Jud. Proc. sec. 3-6A-05            
          (1980 & Supp. 1983)(repealed and recodified as Md. Code Ann.,               
          Fam. Law sec. 8-205 by Acts 1984, ch. 296, secs. 1 and 2),                  
          provided in pertinent part:                                                 
               [Sec.] 3-6A-05. Monetary award.                                        
                 *       *       *       *       *       *       *                    
                         (b) The court shall determine the value                      
                    of all marital property.  After making the                        
                    determination, the court may grant a monetary                     
                    award as an adjustment of the equities and                        
                    rights of the parties concerning marital                          
                    property, whether or not alimony is awarded.                      
                    * * *                                                             
               In Deering v. Deering, 437 A.2d 883, 890 (Md. 1981), the               
          Court of Appeals of Maryland held under the above-quoted provi-             
          sion that “a spouse’s pension rights, to the extent accumulated             
          during the marriage, constitute a form of ‘marital property’”.              





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