Maine
Alimony Guide - Spousal Support Laws

Maine Alimony Guide :: Table of Contents

What Is Alimony?
Alimony Calculation Law Table
State Alimony Law Summary
Alimony Calculation Considerations
Maine Alimony FAQ
Alimony Law Text

What Is Alimony / Spousal Support?

What is Alimony?

Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award, and how long alimony payments will continue.

Maine Alimony Court Considerations Table

Statutory List
Marital Fault Considered
Standard of Living Considered
Custodial Status Considered

Maine Alimony Law Summary

In the state of Maine, following a divorce the court may grant spousal support to either spouse for a limited or indefinite amount of time after the order has been made. Spousal support is otherwise known as alimony. Alimony payments are dependent on several factors.

Some factors that may change the court’s decision in amount, length, or requirement of alimony payments include, but are not limited to, are: the length the marriage, the age and physical and mental health of both parties, the division of the property made during the process of the divorce, and the earning abilities of both individuals after the divorce. Included in the earning capacity of both individuals would be the education level, work skills, training, work experience, length of absence from the job market, the job market for their profession, and the length of time and expenses necessary to acquire sufficient education or training to find appropriate employment. The likelihood that the party seeking spousal support will be capable of achieving the same standard of living on their own, and the length of time it would take to achieve it, will also be considered by the court.

Custody of any children, and any child support required between parties of the divorce, are two other factors in the amount and consideration of alimony. If the spouse with custody of the children is unable to support themselves due to the children being of an age or condition that it hinders the individual’s ability to support the child, such as if they must remain home to care for the child, it would severely influence the case for alimony to be received by the custodian of said child or children.

The contributions each party made to the welfare of the marriage and each spouse will also be taken into consideration. Any other factor that the court and judge deem relevant to the case will also be taken into consideration. In the end, if an agreement cannot be made between the two parties, alimony is awarded at the final judgment of the judge and court deciding the case.

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Maine | What Is Considered When Calculating Alimony

In the state of Maine, a number of factors are taken into account when calculating the amount and duration of alimony or spousal support payments.

Is there a set list of statutory factors for calculating alimony?

Maine has a defined list of factors, described in statutory law, that are legally required to be considered by a judge when determining alimony payments. These factors may be directly connected to the alimony calculation formula.

Is marital fault considered in Maine alimony?

Maine does not consider marital fault when determining alimony payments. This means that divorces considered "at-fault" due to cheating or infidelity, abuse, or other factors do not affect the calculation of alimony payments.

Is standard of living considered in Maine alimony?

Standard of living is considered when calculating alimony payments in the state of Maine. This means that a judge will consider the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount.

Is custodial status considered when determining alimony in the state of Maine?

The judge in the state of Maine considers custodial status when determining alimony payments. This means that alimony calculations are affected by whether or not the receiving spouse has custody of the children, and custodial spouses may receive higher alimony payments.

How exactly is alimony calculated in the state of Maine?

Calculation of alimony is generally done on a case-by-case basis by the Maine family court judge who is responsible for the case. While some states have a fixed alimony calculation formula, in most cases the final amount and duration of alimony awarded (if alimony is awarded) is at the discretion of the judge.

Maine Alimony FAQ

How long must alimony be paid?

The duration of payments is determined by a judge in Maine family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge). Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even award permanent alimony.

What happens if alimony isn't paid?

If alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

Can alimony be waived by a prenuptual agreement?

A prenup agreement is a contract between spouses regarding marriage-related financial matters signed prior to marriage. Limitation or waiving rights to alimony is a frequent clause in modern prenuptual agreements, but some states or localities prohibit such alimony waivers.

Can alimony be collected if you're not married?

The legal concept of alimony, otherwise known as spousal support, is dependant upon a legal marriage. However, in some areas - especially those with a concept of common-law marriage - "palimony", or support payments between non-married individuals, has been awarded by courts. However, this generally requires extenuating circumstances.

What is alimony mediation?

When a marriage ends through divorce and alimony is expected to be paid, spouses have the choice to determine an alimony agreement either through litigation (in Maine family court) or through mutual agreement. Often, a Maine alimony mediator can be brought in to help the ex-spouses come to a mutual agreement regarding alimony and other contested issues such as property division, and thus avoid having to go to court.

How are alimony payments taxed?

On a federal level, all qualifying Maine alimony payments are deductible by the payor, and counted as taxable income by the recipient. To qualify as alimony under IRS guidelines, the following must be true:

The payments are in cash
The parties live in seperate households
The payments are strictly for alimony (as opposed to for child support, etc)

Taxation of alimony varies on a state and local level. You can learn more about Maine income taxes here .

| State Law Official Text

Section(s):
ME. REV. STAT. TIT. 19-A § 951-A

Title 19-A: DOMESTIC RELATIONS

§951-A. Spousal support

1. Statement by court. An order granting, denying or modifying spousal support must state:

A. The type or types of support, if support is awarded;

B. The method or methods of payment, and the term and limitations imposed, if support is awarded;

C. If the support awarded is not, in whole or in part, subject to future modification; and

D. The factors relied upon by the court in arriving at its decision to award or deny spousal support, if the proceeding was contested.

2. Types of spousal support. The court may, after consideration of all factors set forth in subsection 5, award or modify spousal support for one or more of the following reasons.

A. General support may be awarded to provide financial assistance to a spouse with substantially less income potential than the other spouse so that both spouses can maintain a reasonable standard of living after the divorce.

(1) There is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years as of the date of the filing of the action for divorce. There is also a rebuttable presumption that general support may not be awarded for a term exceeding 1/2 the length of the marriage if the parties were married for at least 10 years but not more than 20 years as of the date of the filing of the action for divorce.

(2) If the court finds that a spousal support award based upon a presumption established by this paragraph would be inequitable or unjust, that finding is sufficient to rebut the applicable presumption.

B. Transitional support may be awarded to provide for a spouse's transitional needs, including, but not limited to:

(1) Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or

(2) Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education.

C. Reimbursement support may be awarded to achieve an equitable result in the overall dissolution of the parties' financial relationship in response to exceptional circumstances. Exceptional circumstances include, but are not limited to:

(1) Economic misconduct by a spouse; and

(2) Substantial contributions a spouse made towards the educational or occupational advancement of the other spouse during the marriage.

Reimbursement support may be awarded only if the court determines that the parties' financial circumstances do not permit the court to fully address equitable considerations through its distributive order pursuant to section 953.

D. Nominal support may be awarded to preserve the court's authority to grant spousal support in the future.

E. Interim support may be awarded to provide for a spouse's separate support during the pendency of an action for divorce or judicial separation.

3. Methods of payment; term and limitations. The order must state the method or methods of payment that the court determines just, including, but not limited to, lump-sum and installment payments. The order must also state the term of and any limitations on the award that the court determines just, including, but not limited to:

A. A limit on any increases or decreases in the amount of support;

B. A limit on any increases or decreases in the term of support;

C. A limit on the method or methods of payment of support;

D. A limit on the payment of support related to the remarriage of the payee; and

E. A limit on the payment of support related to cohabitation by the payee.

4. Modification. An award of spousal support issued before October 1, 2013 is subject to modification when it appears that justice requires unless and to the extent the order awarding or modifying spousal support expressly states that the award, in whole or in part, is not subject to future modification. An award of spousal support issued on or after October 1, 2013 is subject to modification when it appears that justice requires.

5. Factors. The court shall consider the following factors when determining an award of spousal support:

A. The length of the marriage;

B. The ability of each party to pay;

C. The age of each party;

D. The employment history and employment potential of each party;

E. The income history and income potential of each party;

F. The education and training of each party;

G. The provisions for retirement and health insurance benefits of each party;

H. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable;

I. The health and disabilities of each party;

J. The tax consequences of a spousal support award;

K. The contributions of either party as homemaker;

L. The contributions of either party to the education or earning potential of the other party;

M. Economic misconduct by either party resulting in the diminution of marital property or income;

N. The standard of living of the parties during the marriage;

O. The ability of the party seeking support to become self-supporting within a reasonable period of time;

P. The effect of the following on a party's need for spousal support or a party's ability to pay spousal support:

(1) Actual or potential income from marital or nonmarital property awarded or set apart to each party as part of the court's distributive order pursuant to section 953; and

(2) Child support for the support of a minor child or children of the marriage pursuant to chapter 63; and

Q. Any other factors the court considers appropriate.

6. Enforcement. The court may use all necessary legal provisions to enforce its decrees.

7. Real estate and other property; life insurance and other security. The court may order part of the obligated party's real estate or other property, as well as the rents, profits or income from real estate or other property, to be assigned and set out to the other party for life or for such other period determined to be just. The court may also order the obligated party to maintain life insurance or to otherwise provide security for the payment of spousal support in the event the obligation may survive the obligated party's death.

8. Cessation upon death of payee or payor. An order awarding, denying or modifying spousal support may provide that the award survives the death of the payee or payor, or both. Unless otherwise stated in the order awarding spousal support, the obligation to make any payment pursuant to this section ceases upon the death of either the payee or the payor with respect to any payment not yet due and owing as of the date of death.

9. Effect of no award or termination of spousal support. A final judgment that does not award spousal support forever precludes such an award in that action. The complete termination of a spousal support award pursuant to the terms of the award or a final post-judgment order forever precludes the reinstatement of spousal support in that action.

10. Application. This section applies to:

A. Orders granting or denying spousal support entered on or after September 1, 2000; and [1999, c. B. The modification, termination and enforcement of orders granting spousal support entered on or after September 1, 2000.

11. Support while pending. The trial court may make, modify or enforce an award of spousal support under this section while an action is pending, including while on appeal.

12. Cessation upon cohabitation. When it appears that justice requires, an order awarding spousal support is subject to modification to terminate spousal support when it can be shown that the payee and another person have entered into a mutually supportive relationship that is the functional equivalent of marriage that has existed for at least 12 months of a period of 18 consecutive months.

Maine Alimony Guide - Spousal Support Laws

Maine
Alimony Guide - Spousal Support Laws