Maryland Premarital Agreement Law

Marriage – Premarital Agreements – Maryland

§ 8-101 FAM. LAW. Valid deeds, agreements, settlements.
(a) Deed or agreement. — A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.
(b) Settlement. — A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
(An. Code 1957, art. 16, § 28; 1984, ch. 296, § 2.)
§ 8-102 FAM. LAW. Deed or agreement between spouses not bar to divorce.
A deed or agreement between spouses is not a bar to an action for absolute or limited divorce, regardless of whether the deed or agreement was executed:

(1) when the parties were living together or apart; or
(2) before, after, or while there was a ground for divorce.
(An. Code 1957, art. 16, § 28; 1984, ch. 296, § 2.)

§ 8-103 FAM. LAW. Provisions liable to modification: care, custody of children; spousal support.

(a) Provision concerning children. — The court may modify any provision of a deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, if the modification would be in the best interests of the child.
(b) Exception for provision concerning support of spouse. — The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states that the provisions with respect to spousal support are not subject to any court modification.
(c) Certain exceptions for provision concerning alimony or support of spouse. — The court may modify any provision of a deed, agreement, or settlement with respect to alimony or spousal support executed on or after April 13, 1976, regardless of how the provision is stated, unless there is:

(1) an express waiver of alimony or spousal support; or
(2) a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.
(An. Code 1957, art. 16, § 28; 1984, ch. 296, § 2.)

§ 8-105 FAM. LAW. Enforcement by power of contempt; modification.

(a) Enforcement by power of contempt. —

(1) The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree.
(2) The court may enforce by power of contempt or as an independent contract not superseded by the divorce decree the provisions of a deed, agreement, or settlement that contain language that the deed, agreement, or settlement is incorporated but not merged into a divorce decree.

(b) Modification. — The court may modify any provision of a deed, agreement, or settlement that is:

(1) incorporated, whether or not merged, into a divorce decree; and
(2) subject to modification under § 8-103 of this subtitle.
(1989, ch. 589; 1990, ch. 443.)

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.


Inside Maryland Premarital Agreement Law