Key Takeaways
Maine calls alimony “spousal support.” Maine law uses the term spousal support, although many people still call it alimony. The governing statute is 19-A M.R.S. § 951-A.
There is no automatic formula. Unlike child support, Maine spousal support generally is not determined by a mathematical formula. Judges consider numerous statutory factors when deciding whether to award support, how much, and for how long.
Maine recognizes five types of support. The statute provides for general, transitional, reimbursement, nominal, and interim support. Each serves a different purpose.
Marriage length matters, but it is not the only factor. Maine creates important presumptions involving general support for marriages under 10 years and marriages lasting between 10 and 20 years, but those presumptions can be overcome.
Income is only part of the analysis. Courts also consider earning potential, age, health, education, retirement benefits, the marital standard of living, property division, child support, homemaking contributions, economic misconduct, economic abuse, and other relevant circumstances.
Earning capacity can matter. A spouse’s current paycheck does not necessarily tell the entire financial story. Courts may examine employment history, income potential, business income, and other evidence of actual financial circumstances.
Support can sometimes be modified. For awards entered on or after October 1, 2013, modification generally requires a substantial change in financial circumstances and a determination that justice requires modification.
Introduction
Alimony, which is called spousal support under Maine law, is financial support that one former spouse may be required to provide to the other during or after divorce. It is not automatic, and Maine does not use a simple calculator based only on income or years of marriage. Instead, 19-A M.R.S. § 951-A gives courts substantial discretion to determine whether support is appropriate.
That uncertainty can make spousal support one of the more emotional parts of divorce. A spouse asked to pay may question why an obligation should continue after the marriage ends. A spouse seeking support may worry about housing, health insurance, retirement security, or maintaining a reasonable standard of living after years spent earning less, caring for children, or supporting the other spouse’s career.
Practical questions quickly follow. How much support might be ordered? How long could it last? What happens if someone retires, loses a job, earns more money, remarries, or lives with a new partner? These questions do not have one-size-fits-all answers.
People often misunderstand alimony because they focus on a single fact. Some assume a large income difference automatically produces support. Others believe support is impossible after a marriage of less than 10 years. Neither accurately describes Maine law.
Understanding the statutory framework reduces some of that uncertainty. Maine law identifies different types of support, creates presumptions in certain circumstances, requires courts to consider specific factors, and provides rules governing modification and termination.
How Maine Spousal Support Law Works
Maine Recognizes Five Types of Spousal Support
Section 951-A recognizes five forms of spousal support: general, transitional, reimbursement, nominal, and interim support. Each serves a different purpose.
General support provides financial assistance to a spouse with substantially less income potential to help both spouses maintain a reasonable standard of living after divorce.
Transitional support addresses shorter-term needs associated with moving from married life to financial independence. It may address financial dislocations caused by divorce or help a spouse reenter or advance in the workforce through education, vocational training, or rehabilitation.
Reimbursement support serves an equitable purpose when exceptional circumstances exist, including economic misconduct, substantial contributions by one spouse to the other’s educational or occupational advancement, or economic abuse. The court may award reimbursement support only when the parties’ financial circumstances prevent it from fully addressing those concerns through property division under 19-A M.R.S. § 953.
Nominal support preserves the court’s ability to award meaningful support later. Interim support provides separate support while a divorce or judicial-separation case remains pending.
The appropriate category can therefore matter as much as the amount. A spouse who needs two years of additional training presents a different issue from someone leaving a decades-long marriage with permanently lower earning potential.
Marriage Length Creates Presumptions, Not Automatic Results
Marriage length plays an important role in general support, but Maine does not establish a simple formula based on years married.
For marriages lasting less than 10 years when the divorce action is filed, § 951-A creates a rebuttable presumption that general support may not be awarded. The presumption can be overcome if the judge finds that it would be inequitable or unjust not to award general support.
For marriages lasting at least 10 but not more than 20 years, Maine creates a rebuttable presumption that general support should not continue longer than one-half the length of the marriage. A 16-year marriage, for example, begins with a presumption against general support exceeding eight years.
The statute does not create the same durational presumption for marriages exceeding 20 years. That does not make support permanent or automatic. The court must still evaluate the statutory factors and determine the appropriate amount and duration.
The Court Considers Much More Than Income
Section 951-A(5) identifies numerous factors the court must consider. They include marriage length, ability to pay, age, employment and income history and potential, education and training, retirement and health-insurance benefits, health and disabilities, and the marital standard of living.
The statute also recognizes contributions that do not appear on a paycheck. Courts consider homemaking and contributions to the other spouse’s education or earning potential. This can be particularly important when one spouse reduced employment while the other developed a career, professional practice, or business.
Financial conduct can matter too. The statute identifies economic misconduct that diminishes marital property or income and separately includes economic abuse. Maine added economic abuse to § 951-A in 2023.
Property division and child support also interact with spousal support. The court considers actual or potential income from property awarded or set apart to each spouse and the effect of child support on need and ability to pay. The statute also permits consideration of other appropriate factors.
Income and Earning Capacity Require Reliable Evidence
A spousal-support dispute often turns on what each spouse earns and what each realistically has the capacity to earn.
That can become complicated when compensation includes bonuses, commissions, business distributions, deferred compensation, or other income beyond salary. Self-employment creates additional questions about legitimate business expenses, distributions, retained earnings, and personal benefits.
In Sears v. Sears, 2023 ME 45, the Supreme Judicial Court, sitting as the Law Court, vacated significant portions of a divorce judgment because inadequate income findings prevented meaningful appellate review. The decision demonstrates how important reliable income evidence can be to the financial structure of a divorce judgment.
McKenna v. Pray, 2024 ME 58, further illustrates the complexity of business income. The Law Court addressed salary and business distributions when reviewing a substantial spousal-support award and reiterated that, while the trial court has significant discretion within the statutory framework, its findings must support its decision.
Tax returns and pay stubs therefore may not tell the entire story. Business records, compensation histories, financial statements, employment evidence, expert analysis, and testimony can all become relevant.
Property Division and Spousal Support Work Together
Spousal support should not be analyzed in isolation from property division.
Section 951-A requires consideration of actual or potential income from property distributed in the divorce. A spouse receiving income-producing investments or retirement assets may have different support needs from someone receiving property that generates no current income.
The same principle applies to the spouse being asked to pay. An apparently high-income spouse may assume substantial debt or other obligations through property division. In McKenna v. Pray, the Law Court emphasized consideration of the relevant statutory factors, including the financial consequences of property awarded in the divorce.
Spousal Support Can Sometimes Be Modified
For support orders entered on or after October 1, 2013, modification requires a substantial change in financial circumstances and a determination that justice requires modification. 19-A M.R.S. § 951-A(4).
A substantial income change, retirement, disability, or change in earning capacity may potentially support modification. The existence of a change does not dictate the result; the court must evaluate the evidence.
In Jewell v. Brewer, 2024 ME 70, the Law Court addressed modification and explained that the analysis should include changes in income, earning capacity, and ability to pay. If the threshold for modification is met, the court exercises its discretion based on the circumstances established by the record.
The original order also matters. Maine permits support orders to contain limitations concerning future increases or decreases, duration, payment methods, remarriage, or cohabitation.
Support Does Not Necessarily Continue Forever
Maine courts can establish the term and limitations of a support award. An order may address remarriage or cohabitation, while substantial changes in financial circumstances can also potentially support modification.
Unless the order states otherwise, future support payments generally cease upon the death of either the payor or payee. Section 951-A also allows an order to provide that support survives death and permits the court to require life insurance or other security when appropriate.
A final judgment awarding no spousal support permanently precludes a later award in that divorce action. Complete termination of an existing award generally prevents reinstatement. Because of this, nominal support can have strategic importance when future need remains uncertain.
Common Examples of Maine Spousal Support
A Long Marriage With a Large Income Difference
Consider spouses divorcing after 27 years. One earns $240,000 annually, while the other earns $55,000 after spending substantial portions of the marriage caring for children and managing the household.
Because the marriage exceeds 20 years, the statutory durational presumption applicable to marriages of 10 to 20 years does not apply. The court would examine income disparity, earning potential, marital standard of living, homemaking contributions, age, retirement circumstances, property division, and other statutory factors. These facts could support significant general support, but they do not automatically require permanent support.
An Eight-Year Marriage With a Career Interruption
Suppose a couple divorces after eight years. One spouse left a $75,000 job several years earlier to care for young children and now needs additional training to return to comparable employment.
The length of the marriage creates a rebuttable presumption against general support, not all support. Transitional support may be particularly relevant if education or training can help the spouse reenter the workforce.
One Spouse Paid for the Other’s Professional Education
During a relatively short marriage, one spouse works full time and pays household expenses while the other attends graduate school and obtains a professional credential. Shortly after graduation, the newly credentialed spouse files for divorce.
Reimbursement support may become relevant because § 951-A identifies substantial contributions toward a spouse’s educational or occupational advancement as a potential exceptional circumstance. The court would also consider whether property division can adequately address the equitable issue.
A Business Owner Reports a Modest Salary
A spouse owns a successful consulting company but reports a salary of $85,000. The business also makes distributions and pays certain expenses affecting the owner’s actual financial circumstances.
The court need not limit its analysis to the W-2. Income history and potential, ability to pay, distributions, and other financial evidence may become relevant. Careful discovery can be essential, and sometimes may need analysis from a financial advisor.
A Former Spouse Retires
Suppose a 66-year-old payor retires several years after divorce and experiences a substantial reduction in earned income.
Retirement does not automatically terminate support. For a post-2013 award, the court would consider whether the resulting financial changes constitute a substantial change in financial circumstances and, if so, whether justice requires modification.
Fictional Fact Pattern: An 18-Year Portland Marriage
Sarah and Michael are a fictional couple living in Portland, Maine. They have been married for 18 years and have two teenage children. Michael is a physician earning approximately $330,000 annually. Sarah earns $62,000 working in nonprofit administration.
Their current incomes do not tell the entire story. Before the children were born, Sarah worked in corporate management and earned considerably more. She reduced her work schedule after their first child was born and eventually moved into a more flexible, lower-paying position while assuming most weekday parenting responsibilities. Michael’s income increased substantially during the same period.
When Michael files for divorce, Sarah requests general spousal support. Michael agrees that some short-term support is reasonable but argues that Sarah has a college degree, is healthy, and could earn substantially more by returning to the corporate workforce.
The parties exchange financial statements, tax returns, employment records, retirement information, and household-expense documentation. Sarah produces evidence concerning her employment history, years outside her former field, current salary, and compensation she could realistically earn in other available positions. Michael produces evidence that recruiters have recently contacted Sarah.
Property division also matters. Sarah expects to receive substantial retirement assets and home equity, but much of that property will not immediately generate enough income to meet her expenses. Michael will retain other assets and has significantly greater continuing earning capacity.
Because the marriage lasted 18 years, Maine’s rebuttable presumption provides that general support should not exceed one-half the length of the marriage. That creates a presumptive maximum duration of nine years, although the court may depart from it if applying the presumption would be inequitable or unjust.
At trial, the court would not simply subtract Sarah’s income from Michael’s. It would consider marriage length, income and earning potential, employment history, age and health, retirement benefits, Sarah’s homemaking and parenting contributions, marital standard of living, property division, child support, Sarah’s ability to become self-supporting, and Michael’s ability to pay.
The court might find that Sarah has meaningful earning potential but cannot immediately return to the income level she might have reached had she stayed in her former career. That could support general support for a defined period while recognizing an expectation that her earnings will increase.
The amount and duration would ultimately depend on the evidence. Maine law focuses on the economic history of the marriage, the parties’ realistic post-divorce circumstances, and the statutory purpose of the support requested.
Frequently Asked Questions
Is alimony automatic in a Maine divorce?
No. Maine courts apply the factors in 19-A M.R.S. § 951-A to determine whether support is appropriate. An income difference may be important, but it does not automatically determine support.
How long must we be married for me to receive alimony?
There is no absolute minimum. For marriages lasting less than 10 years, however, Maine creates a rebuttable presumption against general support. Other forms of support may still be appropriate.
How much alimony will I receive or pay?
Maine does not use a mandatory formula comparable to the child-support guidelines. Courts consider income, earning potential, need, ability to pay, marriage length, property division, standard of living, and other statutory factors.
Does a 20-year marriage mean permanent alimony?
No. Maine does not automatically award permanent support based on marriage length. Duration matters, but the court must conduct the full statutory analysis.
Can spousal support change after divorce?
Often, yes. For awards entered on or after October 1, 2013, modification generally requires a substantial change in financial circumstances and a finding that justice requires modification. The original order may also limit future modification.
Does alimony stop if my former spouse remarries?
Do not assume remarriage automatically ends every Maine support obligation. Section 951-A permits orders to include limitations related to remarriage, so the language of the judgment matters.
What if my former spouse lives with a new partner?
Cohabitation can affect financial circumstances, but Maine no longer has its former separate statutory cohabitation-termination standard. Modification generally requires satisfying § 951-A(4), and the existing order may also matter.
Can the court consider that I stayed home with the children?
Yes. Section 951-A specifically directs courts to consider homemaking contributions. Employment history, income potential, and the ability to become self-supporting also matter.
Can business income count toward alimony?
Potentially. Courts can examine income history and potential, ability to pay, and the financial evidence surrounding a closely held business rather than looking only at stated salary.
Can Maine courts award alimony while the divorce is pending?
Yes. Interim support may provide separate support while a divorce or judicial-separation action remains pending.
Final Thoughts
Understanding alimony in Maine begins with recognizing that there is no single formula or automatic result. Section 951-A provides a structured but flexible framework that considers the length and economic history of the marriage, each spouse’s present and future financial circumstances, property division, contributions during the marriage, and the purpose an award would serve.
That flexibility makes accurate financial information particularly important. Looking only at current salary may overlook earning capacity, business income, retirement resources, homemaking contributions, career sacrifices, or other facts that materially affect the analysis.
Ultimately, a thoughtful spousal-support analysis considers the financial circumstances the marriage created and how those circumstances are likely to change after divorce. Understanding those factors can help both spouses evaluate support more realistically and approach the issue with greater clarity about how Maine law applies.
About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
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This article is for informational purposes only and should not be interpreted as legal advice. Articles on our blog are written at a historical point in time and the information presented accurately reflects the law at the time of the article’s writing. If you’d like to better understand how the law applies to your case, schedule an attorney consultation by calling any of our offices or by clicking the Schedule a Consultation link on this page.