Maine Spousal Support Lawyers

Spousal Support, sometimes referred to as alimony, may be awarded to either party in a divorce. An order which grants or denies Spousal Support or modifies an existing Order must include the following:

1. The type (or types) of support that is awarded
2. Whether or not the support is, in whole or in part, subject to future modification
3. If the proceeding was contested, the Order must include the factors relied upon by the Court in arriving at the decision to award, deny, or modify spousal support
4. The method (or methods) of payment and the terms and limitations

Types of Spousal Support

There are five different types of Spousal Support:

1. General Support
2. Transitional Support
3. Reimbursement Support
4. Nominal Support
5. Interim Support

General Support

General Support may be awarded to provide financial assistance to a spouse with substantially less earning potential than the other spouse so that both spouses can maintain a reasonable standard of living following their divorce.

According to Maine Legislature, in regard to General Support, the Court will consider the length of the marriage:

• 0 – 10 Years: General Support may not be awarded if the parties have been married for less than 10 years as of the date of the filing of the action for divorce.
• 10 – 20 Years: General Support may not be awarded for a term exceeding ½ 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.
• 20+ Years: If the parties have been married 20 or more years, the Court will likely grant ongoing General Support.

Rebutting the Presumption

If the Court finds that a Spousal Support award based upon a presumption would be inequitable or unjust, that finding is sufficient to rebut the applicable presumption.

Transitional Support

To provide for a spouse’s transitional needs, Transitional Support may be awarded. These needs include but are not limited to:

1. Short-term needs that are a result of financial dislocations associated with the dissolution of the marriage
2. Reentry or progression in the workforce, including, but not limited to:
3. Physical or emotional rehabilitation services
4. Vocational training
5. Education

Reimbursement Support

In order to achieve an equitable result in the termination of the parties’ financial relationship in response to extraordinary circumstances, Reimbursement Support may be awarded.

These circumstances can include, but are not limited to:

1. Economic misconduct by a spouse
2. Considerable contributions a spouse made towards the educational or occupational development 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 Disposition of Marital Property.

Nominal Support 

Nominal Support may be awarded to preserve the Court’s authority to grant Spousal Support in the future. Nominal Support may consist of as little as $1.00 per year.

If no Spousal Support is awarded at the time of divorce, then no Spousal Support may be awarded in the future. A final judgment that does not award Spousal Support forever precludes such an award in that action.

Interim Support

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

The Spousal Support Factors

The Court shall consider the following factors when determining an award of Spousal Support:

• The length of the marriage
• The ability of each party to pay
• The employment history and employment potential of each party
• The income history and income potential 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 tax consequences of a Spousal Support award
• 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 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 and 2: Child Support for the support of a minor child.
• Any other factors the Court considers appropriate
• The age of each party
• The education and training of each party
• The contributions of either party as a homemaker
• The ability of the party seeking support to become self-supporting within a reasonable period of time
• The health and disabilities of each party
• The standard of living of the parties during the marriage

Real Estate & Other Property

The Court may order part of the obligated party’s real estate or other property, as well as the rents, profits, or income from that 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.