Maine Spousal Support Lawyers

Understanding Spousal Support in Maine Divorce

Spousal support—also known as alimony—is one of the most complex and emotionally charged aspects of divorce. Whether you’re seeking support or may be obligated to pay it, understanding how alimony works under Maine law is essential to protecting your financial future.

If you put your career on hold to raise children or support your spouse’s professional goals, you may need financial assistance to regain independence after divorce. On the other hand, if you were the primary earner, you want to ensure that any support obligation is fair and based on accurate legal standards.

At The Maine Divorce Group, we help individuals on both sides of the equation navigate spousal support with clarity and confidence. Our attorneys advocate for balanced, enforceable alimony arrangements that reflect your unique circumstances and comply with Maine law.

Under the Maine statutes, five basic types of spousal support can be awarded by a judge in the family court system:

Of the five types detailed above, transitional support is the most common in Maine and general support is the least common.

Some divorcing partners may be awarded interim or nominal support during the divorce proceedings, followed by general, transitional or reimbursement support when the final divorce decree is issued.

Learn More → Alimony Guide for Spousal Support in Maine

In Maine, spousal support (alimony) is not based on gender—either spouse can request support if they can demonstrate financial need and the other spouse has the ability to pay. The goal of spousal support is to create a fair financial balance post-divorce, especially when one spouse is at a disadvantage due to decisions made during the marriage.

There is no fixed formula for awarding alimony in Maine. Instead, family court judges evaluate a wide range of statutory factors to determine whether support is appropriate, and if so, what type, amount, and duration should apply. These factors include:

• The length of the marriage and the level of financial interdependence between spouses
• Each spouse’s income, earning capacity, and ability to meet their reasonable needs
• Employment history and future job prospects, especially if one spouse was out of the workforce for caregiving or other reasons
• Educational background, vocational skills, and access to retraining or additional education
• Health insurance availability and retirement benefits for each party
• The division of marital and nonmarital property, and whether child support or asset distribution impacts the need for support
• The tax consequences of alimony payments for both spouses
• Contributions as a homemaker or caregiver, which may have supported the family or allowed the other spouse’s career to advance
• Direct or indirect contributions to the other spouse’s education or earning potential
• Financial misconduct, such as reckless spending or hiding assets, by either party during the marriage
• The realistic potential for the requesting spouse to become self-supporting within a reasonable period of time

Spouses also have the option to negotiate a private agreement regarding spousal support. As long as the arrangement is equitable and complies with Maine law, the court will generally approve the agreement and incorporate it into the final divorce order.

When a court orders spousal support in Maine, the judgment must clearly outline the payment amount, frequency, duration, and method of payment. These details ensure that both parties understand their rights and obligations from the outset.

Most spousal support payments are made in monthly installments, especially when the paying spouse receives a regular income. This ongoing support allows the recipient to maintain stability while transitioning into post-divorce life. In these cases, the court may issue an income withholding order, which automatically deducts alimony payments from the paying spouse’s wages to ensure timely and consistent delivery.

In other situations—such as when the paying spouse is self-employed, receives irregular income, or prefers to resolve the matter all at once—the court may order or approve a lump-sum payment. This one-time payment is often drawn from the paying spouse’s share of the marital estate during property division and may eliminate the need for ongoing financial interaction between ex-spouses.

Whether paid over time or in a single disbursement, all spousal support arrangements in Maine must be structured to ensure fairness, enforceability, and alignment with the court’s final divorce judgment.

The judge who reviews your spousal support case will specify the duration of alimony payments in the support order.

The most important factor when determining the duration of support is the length of the marriage.

While it varies according to the specific circumstances of each case, one year of support for every three years of marriage is frequently used as a guideline. Permanent alimony is rare.

If the recipient spouse remarries or cohabits with another partner, support may be terminated by a judge.

Once a support order has been issued by the Maine courts, both parties are expected to abide by it.

However, situations do change. If there is a substantial change to the financial circumstances of either spouse (or both of them), an application can be made to modify the support order.

This is only granted in the case of a major change of circumstances, such as the loss of a job or a serious health problem. The Maine courts are reluctant to spend time reviewing cases that have already been adjudicated.

The federal tax laws concerning spousal support were recently reviewed. For divorces finalized after January 1, 2019, spousal support payments are not tax-deductible to the paying spouse or reportable income to the recipient

For divorces finalized before that date, the paying spouse can deduct payments and the recipient spouse must report and pay taxes on the income.

Various enforcement measures can be applied in Maine if court-ordered payments of spousal support are not met.

Alimony arrears may be collected using the following measures:

• Filing a motion to Enforce
• Filing a motion for Contempt

In many cases, filing one of these motions is enough to get the non-paying party back on track.  However, if not, the Court will conduct a hearing and determine if there were good grounds (or not) for the spouse to stop making payments.

Keep in mind that failure to comply with a court-issued spousal support order can result in a contempt of court charge against the payor. This may result in fines, payment of attorney fees, a lien being placed on property/bank accounts or in the most extreme of cases, even jail time.

Spouses can enter alimony mediation either to negotiate an alimony agreement during a divorce or to resolve issues with payments after a divorce.

Mediation is often preferable to taking the matter to a judge as the Maine courts are busy and contested issues like alimony and property division take up a considerable amount of court time.

A prenup agreement is a contract signed before marriage to set out the financial matters between two spouses.

Clauses that limit or waive rights to spousal support are commonly inserted in prenuptial agreements in Maine. However, they only stand up in the family court system if the prenup is drafted in accordance with Maine law.

Generally speaking, spousal support may be awarded when a legal marriage ends in Maine.

Common-law marriages, while recognized in other states as marriages, are not recognized in Maine.  Unmarried partners are, therefore, considered unrelated individuals under Maine law and spousal support payments are not generally awarded by the courts.

At The Maine Divorce Group, many of our lawyers are skilled at uncovering assets and investigating during divorce cases.

We can ensure maximum fairness when it comes to spousal support. Whether you will be on the paying or receiving end of alimony, our attorneys know how stressful this determination can be.

When you hire one of our attorneys, we go to work, ensuring fairness in every aspect of your case.

We can help you negotiate alimony, or if necessary, we can take it before the judge and let the court make a ruling. Learn more about how we can help by contacting us today and scheduling your case review.