- 18 - 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 sec. 3-6A-05 (1980 & Supp. 1983)(repealed and recodified as Md.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 sec. 3-6A-05 (1980 & Supp. 1983)(repealed and recodified as Md.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’”.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: March 27, 2008