Alimony in Maine

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support in Maine. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to the non-wage earning or lower-wage earning spouse.

 

To be eligible for alimony, spouses in all states, including Maine, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. Lawyers.com offers a comprehensive overview of Maine divorce and alimony law.

 

In Maine, a court can order alimony to either party. The award may be for general support, transitional support, reimbursement support, nominal support, or interim support. General support is awarded in order to provide financial assistance to a spouse who has a substantially lower income capacity than the other spouse. Transitional support is awarded so as to provide for a spouse's transitional needs after the divorce is made final. Reimbursement support is awarded to achieve a fair result in the overall dissolution of the spouses' finances where there are exceptional circumstances. Nominal support is awarded to preserve the court's authority to grant or modify spousal support in the future. Interim support is awarded to provide for a spouse's support during the time of the divorce action.

 

In Maine, spousal support may be modified if it appears that a change is necessary. that is unless the order states that the award is not subject to modification. Spousal support in Maine automatically ends when either of the parties dies or when the party receiving the spousal support remarries.

 

Maine revised statutes recommend that courts consider the following factors when awarding alimony:

 

  • The length of the marriage
  • Ability of each spouse to pay
  • Age of each spouse
  • Employment history and employment potential of each spouse
  • Income history and income potential of each spouse
  • Education and training of each spouse
  • Provisions for retirement and health insurance benefits of each spouse
  • Tax consequences of the division of marital property
  • Health and disabilities of each spouse
  • Tax consequences of a spousal support award
  • Contribution of either party as a homemaker
  • Contributions of either spouse to the education or earning potential of the other spouse
  • Standard of living of the spouses during the marriage
  • Ability of the spouse seeking support to become self-supporting within a reasonable period of time
  • Effect of income from property or child support on a spouse's ability to pay spousal support

 

In the United States, alimony is treated differently tax wise from child support payments. In Maine, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not.  For a summary of divorce and alimony law in Maine, go to divorcesource.com.