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)