Maine Alimony Laws & Guidelines

Alimony is typically not awarded in Maine in marriages lasting less than 10 years.

Divorcing couples in Maine are sometimes required to pay alimony, referred to as spousal support or spousal maintenance. While couples can come to their own agreement on how much, if any, alimony each should pay, the court can also award alimony if the couple is unable to agree. Alimony laws can be complicated and are subject to change, so contact a qualified attorney if you need legal advice.

Types of Alimony

Maine courts award one of five kinds of alimony: general, transitional, reimbursement, nominal and interim, according to Maine Revised Statutes section 951-A(2). General support is awarded to ensure someone is able to maintain a reasonable standard of living. Transitional support is paid to ensure the recipient is able to transition back into the work force or meet other shorter-term needs associated with the divorce. Reimbursement support is designed to ensure each spouse has a fair share of the total marital assets at the end of the divorce. Nominal support is typically awarded to preserve the court's right to award future support, while interim support is granted before the divorce is final, but after it has been filed.

10-Year Presumption

Maine Statutes section 951-A(2)(A)(1) states that there is a rebuttable presumption against general spousal support in all marriages that last for less than 10 years. This means that the court will usually not award general alimony in these marriages unless one party, typically the spouse asking for support, can give the court a a reason sufficient enough to overcome this presumption. Also general alimony awards usually do not last longer than half the length of the marriage if the couple was married between 10 and 20 years.

Factors

Maine courts must take into account various factors when awarding alimony, according to Maine Statutes section 951-A(5). These include, but are not limited to: how long the marriage lasted, how old each spouse is and how old they were at the time of marriage, each spouse's education, earning capacity and current earnings, as well as the health and abilities of each spouse. Also, the statute allows the court to take into consideration any factor it finds appropriate.

Termination and Modification

Maine spousal support orders are generally permanent, meaning they remain in place until the order is completed or until an intervening event takes place. A court can, for example, order that general support continue for a specified period of time or limit any subsequent increases or decreases, according to Maine Statutes section 951-A(3). Support payments terminate when either spouse dies, and they can modified at any time the court finds "justice requires" such a modification.

References

• Maine Legislature: Maine Revised Statutes - Title 19-A
• Help Yourself Divorce: Alimony Laws in Maine