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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 give alimony?
To decide whether to give you alimony, also known as spousal support, the judge will consider:
- how long you’ve been married;
- your ability 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 spouse;
- financial wrongdoing that led to a loss of property or income;
- economic abuse;
- 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 are appropriate.1
If the judge gives an alimony order, it must include any limits the judge believes are fair. These could include limits on:
- how much alimony can increase or decrease, or how long it will last;
- how the alimony payments are made;
- whether alimony will stop if you get remarried or start living with a new 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)
