Divorce Alimony in Maine

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Marital dissolution is a term that includes all related issues like separation of the family, division of assets and so on. One of the important factors of this legal procedure is spousal maintenance. It can be defined as a monitory obligation placed on a spouse, who is in a good economical position. It is a sort of assistance provided by such spouse to another to recover from the problems created by separation. Like other states, divorce alimony in Maine is awarded on the basis of individual family laws of this state.

Factors recognized by courts when grating Alimony in Maine

If the spouses opt for a court trial over this issue, the judge aims that both partners should retain a reasonable standard of living post divorce. The court considers the following factors:

  • The impact of the obligatory sources of money on the ability of a spouse to disburse money. These sources can be:
    • Payment of child support to the custodian of the child.
    • Potential or actual income due to non marital or marital property that has been obtained due to distribution of property in the divorce proceedings.
  • The capacity of a spouse requesting maintenance to become self dependent within a reasonable duration of time.
  • The standard of living of both the spouses in marital life.
  • Whether any partner has executed economic misconduct and it has resulted in a loss of marital income or property?
  • Whether one spouse has made any contribution towards the education or earning potential of the other spouse?
  • Whether any partner has played the role of a homemaker?
  • How will the spousal support award or impact the taxes of both the spouses?
  • The disabilities and health of both partners.
  • If the marital home has been sold, how has this income impacted the taxes of both the spouses?
  • What are the arrangements for retirement and health insurance benefits of the couple seeking divorce?
  • The educational level and training of each spouse.
  • The potential of earning as well as the past income records of both parties.
  • The age of the partners seeking divorce.
  • The capacity of both spouses to disburse money.
  • The duration of marital life.
  • Any other issues that have not been explicitly stated in the laws, but are found to be appropriate by the court.
All these factors have been mentioned in Maine Statutes 951A. The court will ponder over all conditions and then finalize the duration and amount of maintenance.

Types of Divorce Alimony in Maine

There are three main types of the spousal support in this state. The court will finalize the type after taking all relevant conditions into account.

Temporary spousal maintenance

As the term suggests, it is an interim assistance that is provided while the litigation process is still going on. This may be awarded in a case where the spouse is failing to accomplish the regular needs due to separation from a partner. The court may arrange a trial for issuing such support till the actual dissolution case gets over.

Compensatory alimony

This type of support is granted as a way to provide equitable financial status to both spouses. Generally, the court prefers this option when it is not possible to divide the property in a fair manner between partners owing to some unavoidable reasons. Some of these reasons can be -

  • The contribution of a partner to the economic, academic or professional progress of other one. Usually, such input is not measurable. Thus this helping spouse is compensated by this type of maintenance.
  • If any of the partners is guilty of financial fraud or guilty of utilizing the marital property for personal purpose, then the other spouse is entitled to receive maintenance.

Short-term monitory obligation

If a partner has been a full-time homemaker, he or she may face monitory problems after the divorce. Thus, a transitional maintenance is paid by the earning spouse to help such partner to acquire the skills and education to get back into employment. This type of support is provided till the partner is able to have a job with a respectable income.

The Alteration of the Alimony Court Order in Maine

It is possible to modify the payment obligation of spousal support. The spouse seeking such modification will have to convince the court that the previous circumstances are changed; therefore, the structure of spousal maintenance should be reviewed. Generally, the permanent orders are changed under this provision. Temporary support orders get automatically terminated once the final decree has been issued.

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