Miscellaneous Considerations

• Jurisdiction: Maryland

VI. MISCELLANEOUS CONSIDERATIONS

A. Effect of Reconciliation and Resumption of Cohabitation upon Marital Settlement Agreement

As to provisions dealing with the disposition of property, a reconciliation and resumption of cohabitation will not automatically terminate those provisions.²⁷⁴

Where a wife is receiving technical alimony under an agreement, it would seem that a reconciliation with resumption of cohabitation would terminate her right to the receipt of same. See Thomas v. Thomas,²⁷⁵ where the economically dependent spouse was receiving alimony under a judgment of limited divorce and the parties reconciled: the Court held that the payee's right to continued receipt of alimony terminated (as opposed to being suspended during the period of cohabitation). A subsequent separation would not have revived the right to the receipt of the previously awarded alimony.

However, see Grossman v. Grossman²⁷⁶ where it was held that a marital settlement agreement which provided for the payment of pre-1976 spousal support (and thus beyond the power of the court to modify) remained in full force in spite of a reconciliation and was binding even though the wife later deserted, and the husband was awarded a divorce on culpatory grounds.²⁷⁷

In Frana v. Frana,²⁷⁸ although the facts negated a reconciliation, the Court emphasized that whether a particular provision of an agreement (here, a waiver of alimony) is abrogated by reconciliation depends upon the intention of the parties. The fact of reconciliation is of evidentiary value on the issue of intent.

B. The Statute of Frauds

1. Agreements involving real property

Generally, where a marital settlement agreement affects an interest in real property, the agreement must be "in writing signed by the party assigning, granting, or surrendering it, or his agent lawfully...