Maine Alimony / Spousal Support

Maine alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

Maine spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.

Types of Alimony Awarded in Maine

According to Maine Revised Statutes section 951-A(2) the courts may award one of five types of alimony. They are general, transitional, reimbursement, nominal and interim

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.

• 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
• 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.

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

• Short-term needs resulting from financial dislocations associated with the dissolution of the marriage
• Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education.

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

• Economic misconduct by a spouse
• 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

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

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

• The length of the marriage
• The ability of each party to pay
• The age of each party
• The employment history and employment potential of each party
• The income history and income potential of each party
• The education and training of each party
• The provisions for retirement and health insurance benefits of each party
• The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable
• The health and disabilities of each party
• The tax consequences of a spousal support award
• The contributions of either party as homemaker]
• The contributions of either party to the education or earning potential of the other party
• Economic misconduct by either party resulting in the diminution of marital property or income
• The standard of living of the parties during the marriage
• The ability of the party seeking support to become self-supporting within a reasonable period of time
• 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
• Any other factors the court considers appropriate

Modification of Alimony in Maine

Maine spousal support can modified at any time the court finds "justice requires" such a modification.

Termination of Alimony in Maine

According to Maine Statutes section 951-A(3). Unless specifically stated otherwise in the order for support, alimony payments terminate when either spouse dies.

Maine statutes regarding alimony can be found here: Maine Revised Statutes

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