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Divorce
Basic info
What are the residency requirements for divorce in Maine?
A judge can grant you a divorce in Maine if any of the following are true:
- you have lived in Maine for six months before filing for divorce;
- you are a resident of Maine and you and your spouse were married in Maine;
- you are a resident of Maine and you and your spouse lived in Maine when the cause of your divorce happened; or
- your spouse is a resident of Maine.1
1 ME ST T. 19-A § 901(1)
What are the grounds for divorce in Maine?
Grounds are legally acceptable reasons for a divorce. When filing for divorce in Maine, you can file a petition stating that you and your spouse have irreconcilable differences,1 which basically is a total breakdown of the marriage. This is considered a no-fault ground, meaning it’s not necessarily either spouse’s fault that the marriage is ending.
If you file for divorce based on irreconcilable differences but your spouse denies that irreconcilable differences exist, and believes that marriage can be saved, the judge can postpone your case and require you and your spouse to go to counseling by a qualified professional counselor. The counselor will then give you, your spouse, and the judge a written report about the counseling. If the spouse who denies that the marriage is broken refuses to go to counseling without good reason, the judge may consider that as evidence to support your claim that there are irreconcilable marital differences.1
A judge may also grant a divorce for certain fault-based grounds, if you allege that your spouse:
- cheats on you (adultery);
- is impotent;
- treats you with extreme cruelty;
- deserts you for three consecutive years before you file for divorce;
- has obvious and confirmed intoxication habits using drugs or alcohol;
- overtly, without regard for you (wantonly), or cruelly refuses to, or neglects to, provide you with support despite having the ability to provide you with support;
- commits cruel and abusive treatment against you; or
- is found to be an incapacitated person for whom a guardian with full powers has been appointed.2
Note: You can request that the judge make your divorce proceedings closed to the public. Unless your spouse disagrees, the judge will keep the public from observing your hearings.3
1 ME ST T. 19-A § 902(1)(H), (2)
2 ME ST T. 19-A § 902(1)
3 ME ST T. 19-A § 901(3)
Getting alimony
Can I get alimony?
Alimony, also called spousal support or maintenance, is financial support paid by or to your spouse as part of a divorce. You can receive alimony if the judge finds that it is appropriate. An order granting spousal support must state:
- the type of support awarded;
- the payment method;
- any terms or limitations, including a limit on:
- the increase or decrease in the amount of support;
- any increases or decreases in the length (term) of support;
- the method of payment of support;
- the payment of support if you remarry; and
- the payment of support if you move in with someone;1
- if the support cannot be changed in the future; and
- the factors that the judge relied upon to make her/his decision to award spousal support if the other spouse did not agree to pay support.2
1 ME ST T. 19 § 951-A(3)
2 ME ST T. 19 § 951-A(1)
What types of alimony are there?
There are five types of alimony in Maine: interim, general, transitional, reimbursement, and nominal.
1) The judge may award you interim support to help you during your pending divorce action.1
2) You may receive general support to help you financially if you make substantially less money and have less potential to make money than your spouse. The purpose of this type of support is to let you have a reasonable standard of living after your divorce.
The length of your marriage affects whether you will get general support. The judge will assume that s/he should not grant general support if the marriage lasted less than ten years, but you can present evidence to change the judge’s mind. For marriages that last between ten and 20 years, the judge will assume that alimony should last for no longer than half of the length of the marriage, but you can present evidence to change the judge’s mind. If the judge decides the spousal support award based on these considerations would be unjust, s/he can make a different decision.2
3) You may receive transitional support to help you adjust to life after divorce. Your transitional needs may include:
- short-term financial needs due to divorce; or
- help to reenter or advance in the workforce, including physical or emotional rehabilitation services to address disabilities or barriers to employment, vocational training, and education.3
4) You may receive reimbursement support to help make your and your spouse’s finances become equal if there are “exceptional circumstances,” which include but are not limited to:
- economic misconduct by your spouse;
- your substantial contribution to your spouse’s education, training, or advancement in the workplace during the marriage; and
- economic abuse by a spouse, as defined in Maine Statutes, title 19-A, section 4002, subsection 3-B.4
The judge will only consider reimbursement support if your financial situation does not allow the judge to order a fair and equitable financial outcome through dividing marital property.4
5) The judge may grant you nominal support, which means a very small amount, so that s/he has the ability to grant you support in the future. In other words, granting nominal support allows the judge the right to revisit the question of spousal support later.5
1 ME ST T. 19-A § 951-A(2)(E)
2 ME ST T. 19-A § 951-A(2)(A)
3 ME ST T. 19-A § 951-A(2)(B)
4 ME ST T. 19-A § 951-A(2)(C)
5 ME ST T. 19-A § 951-A(2)(D)
What factors will the judge consider when deciding whether to award alimony?
To decide whether to grant you alimony, the judge will consider:
- the length of marriage;
- the ability of the spouse requesting support to become self-supporting in a reasonable amount of time; and
- both spouses’:
- ability to pay support;
- age;
- employment history and job potential;
- income history and income potential;
- education and training;
- retirement provisions and health insurance benefits;
- tax consequences for the sale of your marital property or home;
- health and any disabilities;
- tax consequences because of a spousal support award;
- contributions as a homemaker;
- contributions to the education or earning potential of the other;
- economic misconduct that caused the loss or reduction of value of property or income;
- standard of living during the marriage;
- actual or potential income from property awarded as part of the court’s distributive order;
- child support orders; and
- any other factors that the judge thinks is appropriate.1
If the judge issues an alimony order, it must include any limitations on the award that the judge believes are fair, which could includes a limit on:
- the increases or decreases in the amount of support or the term (length) of support;
- the method of payment of support;
- the payment of support if you get remarried or if you begin living together with a romantic partner (cohabitation).2
1 ME ST T. 19-A § 951-A(5)
2 ME ST T. 19-A § 951-A(3)
Can my alimony be changed?
If you were awarded spousal support before October 1, 2013, the judge may change (modify) the order if:
- the judge believes that fairness requires it to be changed; and
- there is nothing specifically written into the order that says it cannot be changed or modified.1
If you were awarded spousal support on or after October 1, 2013, the judge can change the award if:
- the judge believes that fairness requires it to be changed; and
- there is a substantial change in financial circumstances.1
The judge can make, modify, or enforce a spousal support award while a divorce action is pending or even while a divorce order is being appealed.2
1 ME ST T. 19-A § 951-A(4)
2 ME ST T. 19-A § 951-A(11)
Additional information and links
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state in which you wish to file.
- Second, you must have a legally acceptable reason (“grounds”) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
- Fourth, if your spouse disagrees with anything in the divorce papers, s/he will then have the opportunity to file papers telling his/her side. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, s/he should sign the papers and send them back to you and/or the court. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
- Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.
Where can I find additional information about divorce laws in Maine?
Pine Tree Legal Assistance provides:
- information you may need for your divorce if you do not have children;
- how to navigate your divorce if you do have children; and
- additional information related to divorce and custody.
WomensLaw.org is unrelated to the above organization and cannot vouch for the accuracy of the information. These links are for informational purposes only.
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.
