Maryland Family Law Maryland family law opinions and commentary
Divorce: marital separation agreement: replacement housing
CSA No. 1389, Sept. Term 2013. Unreported.
Opinion by Moylan, Charles E., Jr. (Retired, Specially Assigned).
Filed Sept. 10, 2014.
Appeal from Queen Anne’s County. Affirmed.
RecordFax #14-0910-01, 11 pages
Where husband breached his agreement to purchase a replacement house for wife and their children upon sale of the marital home, the court’s subsequent order that he reimburse wife for the apartment she rented was an award of damages, not a modification of their agreement; even if it were a modification, it was permitted because the replacement-housing clause was in the nature of spousal support and obtaining housing was in the children’s best interest.
