Can I Have My Alimony Lowered Due to Income Loss in Maine?
Alimony may be awarded during a divorce in Maine if one spouse has substantially less assets and income. There are different types of alimony, depending upon the spouses' circumstances. A court will determine the type, amount and duration of alimony after considering the alimony guidelines. Those same guidelines are also reconsidered if either spouse requests modification of the alimony award at a later date.
Other People Are Reading
-
Types of Alimony
-
While a divorce is pending and marital assets are in the process of being divided, a spouse who earns little or no income may be eligible for interim alimony. This first type of alimony is called alimony pendente lite in Maine. Before the divorce is finalized, the court must determine whether the alimony obligation should continue and, if so, issue a postdivorce alimony order. A spouse may be eligible for reimbursement alimony if the court finds that she made significant financial contributions to the marriage while the other spouse earned an education or if she paid for tuition. Additionally, reimbursement alimony is awarded if the other spouse attempted to hide or wastefully spent marital assets prior to or during the divorce. Transitional alimony is a more common award. Maine courts award it to allow the receiving spouse time to obtain any education or training needed to re-enter the workforce.
Alimony Awards
-
The duration of alimony in Maine is set based on the duration of the marriage. Courts rarely award alimony to a spouse married less than 10 years. Generally, when a marriage lasted between 10 and 20 years, alimony is awarded for half the length of the marriage. For example, a spouse would be entitled to six years of alimony for a 12-year marriage. For marriages lasting longer than 20 years, alimony can be permanent if the receiving spouse has been out of the workforce for many years, making it impractical for her to return. After determining duration, the court will examine the factors set forth in the alimony guidelines to determine an appropriate award. Factors include each spouse's age, the value of each spouse's income and assets, the receiving spouse's ability to obtain employment with a self-supporting income, the owing spouse's ability to pay, each spouse's contribution to the marriage (i.e., homemaker vs. wage-earner), and either spouse's misconduct in concealing or spending marital assets prior to or during the divorce.
-
Modification
-
Maine courts do permit modification of alimony orders if either spouse experiences a "substantial change in circumstances." For example, if the owing spouse was laid off or suffered a decrease in salary large enough to affect his ability to pay, he can request modification. However, the change in employment must be involuntary. A spouse who quits his job or who is self-employed and intentionally earns less income is not eligible for a modification of his alimony obligation. The court will reconsider the alimony guidelines to determine the new alimony amount and the duration of the modified payments.
Termination
-
Alimony orders terminate on the date selected by the court upon issuance. However, alimony may terminate prematurely. If the receiving spouse remarries, she is no longer entitled to alimony. Additionally, if either spouse dies, the alimony obligation dies with him.
-
