Alimony (spousal support) in Maine is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Maine, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Maine’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Maine family law statutes as of May 2026.
In This Maine Alimony Guide:
Types of Alimony in Maine
Maine courts may award the following types of alimony:
- General support (long-term maintenance for spouse with substantially less income potential); Transitional support (short-term for workforce reentry
- vocational training
- or financial dislocation from divorce — most commonly awarded type); Reimbursement support (equitable compensation for exceptional circumstances
- such as supporting a spouse’s education — only awarded when property division cannot fully address equitable considerations); Nominal support (minimal amount to preserve court’s jurisdiction for future spousal support awards); Interim support (temporary support during pendency of divorce or judicial separation action)
How Maine Calculates Alimony
Maine does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Maine courts consider these factors when determining alimony:
- (A) Length of the marriage; (B) Ability of each party to pay; (C) Age of each party; (D) Employment history and employment potential of each party; (E) Income history and income potential of each party; (F) Education and training of each party; (G) Provisions for retirement and health insurance benefits of each party; (H) Tax consequences of the division of marital property
- including tax consequences of sale of the marital home if applicable; (I) Health and disabilities of each party; (J) Tax consequences of a spousal support award; (K) Contributions of either party as homemaker; (L) Contributions of either party to the education or earning potential of the other party; (M) Economic misconduct by either party resulting in the diminution of marital property or income; (M-1) Economic abuse by a spouse (as defined in section 4102
- subsection 5 — added by 2023 amendment); (N) Standard of living of the parties during the marriage; (O) Ability of the party seeking support to become self-supporting within a reasonable period of time; (P) Effect of actual or potential income from marital or nonmarital property awarded or set apart to each party and child support for minor children; (Q) Any other factors the court considers appropriate
Income disparity: YES — for general support, the statute requires that the requesting spouse have substantially less income potential than the other spouse. The purpose of general support is to allow both spouses to maintain a reasonable standard of living after divorce, which inherently requires showing a significant income gap.
Vocational evaluation: Not explicitly required by statute, but Maine courts may order or consider vocational evaluations. The statutory factors include employment history and employment potential (Factor D), income potential (Factor E), education and training (Factor F), and ability to become self-supporting within a reasonable time (Factor O) — all of which vocational evaluations can inform. Courts may use evaluations to determine whether to impute income to a non-working or underemployed spouse.
Maine Alimony Duration Guidelines
YES — Maine uses rebuttable presumptions based on marriage length. Under 10 years: rebuttable presumption that general support may NOT be awarded (transitional support of 1-3 years may still be awarded). 10 to 20 years: rebuttable presumption that general support may not exceed one-half the length of the marriage. Over 20 years: no statutory duration cap — court may award indefinite general support. Any presumption can be rebutted by showing strict application would produce an inequitable or unjust result.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Under 10 years (presumption against general support)) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (Over 20 years (no statutory duration cap; indefinite support possible)+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES — for marriages exceeding 20 years, there is no statutory duration cap and the court may award indefinite general support. Even for shorter marriages, the duration presumptions are rebuttable if strict application would be inequitable.
Modifying & Terminating Maine Alimony
Modification: YES — for orders issued on or after October 1, 2013, modification requires showing (1) a substantial change in financial circumstances AND (2) that justice requires the modification. For orders issued before October 1, 2013, modification is allowed when justice requires unless the original order expressly states the award is not subject to future modification. There is no limit on how many times either party may seek modification as long as new substantial changes are demonstrated.
⚖️ Get Free Divorce Guides
Free · No spam · Unsubscribe anytime
Cohabitation: YES — spousal support is subject to modification to terminate when the payee and another person have entered into a mutually supportive relationship that is the functional equivalent of marriage, which has existed for at least 12 months within a period of 18 consecutive months. The paying spouse must petition the court and prove the cohabitation meets this standard. Per 19-A M.R.S. § 951-A, subsection 12.
Remarriage: YES — remarriage of the payee terminates spousal support. The court order may include a provision limiting payment upon remarriage. Spousal support obligations cease upon remarriage of the recipient spouse.
Retirement: Retirement does NOT automatically terminate spousal support in Maine. However, retirement — particularly at or beyond full retirement age — constitutes a substantial change in financial circumstances that the payor can use to petition for modification or termination. The court considers the payor’s reduced income post-retirement. Retirement and health insurance provisions are specifically listed as statutory factors (Factor G) in the initial award determination.
Tax Implications of Maine Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Maine divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Maine Alimony
Adultery: Adultery does NOT affect alimony awards in Maine. Maine judges do not consider marital misconduct when deciding spousal support. However, if adultery caused financial harm (e.g., spending substantial marital assets on an affair), that spending may be considered as economic misconduct under Factor M, which addresses dissipation of marital property or income.
Other marital misconduct: General marital misconduct (other than economic) does NOT affect spousal support in Maine. The only misconduct the court considers is economic misconduct — actions by either party resulting in the diminution of marital property or income (Factor M). Additionally, since 2023, economic abuse by a spouse (Factor M-1, defined under section 4102, subsection 5) is also a factor the court must consider.
Additional Maine rules: (1) Nominal support is unique — courts can award a token amount solely to preserve jurisdiction for future modification, preventing a total bar on later spousal support requests. (2) Economic abuse (as defined in Maine’s domestic violence statute § 4102(5)) was added as a spousal support factor in 2023 — one of few states to explicitly include this. (3) The 2013 reform (effective October 1, 2013) created a two-tier modification standard: pre-2013 orders use the older “justice requires” standard, while post-2013 orders require both “substantial change in financial circumstances” AND “justice requires.” (4) Reimbursement support may only be awarded if the court determines that the parties’ financial circumstances do not permit the court to fully address equitable considerations through its distributive (property division) order — it is a remedy of last resort. (5) All new spousal support orders must include an income withholding provision regardless of income source. (6) The rebuttable presumptions for duration can be overcome by the court’s finding of inequity alone — no additional evidence beyond the court’s finding is required to overcome the presumption.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Maine Alimony Statute: Maine Revised Statutes, Title 19-A, § 951-A (Spousal Support). Payment provisions at § 952. The major 2013 overhaul was enacted as Public Law 2013, Chapter 327, effective October 1, 2013. Further amended by Public Law 2023, Chapter 646, Part C (adding economic abuse factor and reimbursement support limitations).
Last verified May 2026. Contact us if you notice outdated information.