Calculate Maintenance Under Maine Statutes Title 19-A, §951-A
Income Information
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Marriage Details
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Marriage less than 10 years?
Marriage 20+ years?
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage
Maine-Specific Factors
Domestic violence involved? ℹ️Check if there was documented domestic violence in the marriage. Maine courts may increase maintenance for victims.
Maine Domestic Violence Impact:
10-20% increase in maintenance amounts typically awarded
May qualify for longer duration regardless of marriage duration
Court may order additional therapy/rehabilitation costs
Protective orders can affect temporary support calculations
See: Maine Statutes Title 19-A, §951-A(5)
Fault-based divorce? ℹ️Maine is a no-fault divorce state, but misconduct may still impact maintenance decisions in rare cases, including economic abuse as defined by law.
Maine Fault & Economic Abuse Considerations:
Maine is primarily no-fault: Fault rarely affects maintenance
Economic misconduct or abuse: Hiding assets, intentional unemployment, or controlling a spouse's economic resources (as defined in §4102(5)) may affect awards
Economic abuse is now a specific statutory factor for courts to consider under §951-A(5)(M-1)
See: Maine Statutes Title 19-A, §951-A & §4102(5)
Maine Professional License Rules:
Courts may order support during license maintenance periods
Continuing education costs may be factored into awards
Malpractice insurance costs considered for medical professionals
See: Maine case law precedent
Maine Cohabitation Rules:
Maintenance typically terminates upon remarriage
Cohabitation may be grounds for modification
Payor must petition court for modification
Must prove financial interdependence
See: Maine Statutes Title 19-A, §951-A(5)(B)
Needs and Resources
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Maine Retirement Rules:
Early Retirement (55-64): Courts examine whether voluntary or health-related
Normal Retirement (65+): May be grounds for modification
Retirement Accounts: IRA/401k withdrawals may be considered as income
Social Security: Benefits may substitute for maintenance payments
See: Maine Statutes Title 19-A, §951-A(5)
Earning Capacity
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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.e., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term maintenance.
Duration Factors
Maintain marital standard of living? ℹ️Maine courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on Maine statutes and case law patterns.
Actual court-ordered maintenance may differ significantly as Maine judges have discretion in maintenance determinations.
The calculation is not legal advice. Consult a licensed Maine family law attorney for advice regarding your specific situation.
Maine Spousal Maintenance Calculation Results
Maintenance Type Determination
Recommended Maintenance Type:
Primary Factors:
Monthly Maintenance Amount
Guideline Amount:
Statutory Considerations:
Duration of Maintenance
Recommended Duration:
Maine Guidelines:
Judicial Considerations
Likely Range:
Key Factors:
Disclaimer: This calculator provides estimates only based on Maine statutes and case law. The calculation is not legal advice and actual court-ordered maintenance may differ. Consult a licensed Maine family law attorney for legal advice regarding your specific situation. Maine law has specific rules for maintenance calculations based on statutory factors under Title 19-A, §951-A.
Maine Maintenance Case Law Examples
Mazer v. Mazer (2008)
2008 ME 144, 956 A.2d 677
The Maine Supreme Judicial Court emphasized that the purpose of spousal support is to provide financial assistance to a spouse with substantially less income potential to maintain a reasonable standard of living, not to equalize incomes.
Dickau v. Dickau (2014)
2014 ME 158, 107 A.3d 621
The court affirmed that the duration of spousal support should be based on how long it would reasonably take the recipient to become self-sufficient through appropriate employment or training.
Baron v. Baron (2015)
2015 ME 51, 114 A.3d 975
This case clarified that a spouse's potential earning capacity, not just actual income, may be considered when determining spousal support obligations.
Nelson v. Nelson (2017)
2017 ME 61, 158 A.3d 934
The court ruled that a spouse's voluntary underemployment could be considered when calculating spousal support, and imputed income may be based on earning capacity rather than actual earnings.
Lothrop v. Lothrop (2016)
2016 ME 23, 132 A.3d 1171
This case clarified that the 2013 statutory amendment allowing modification based on 12 months of cohabitation does NOT apply retroactively to spousal support orders entered before September 18, 2013.
Modifying Maintenance in Maine
Maine law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Grounds for Modification
Under Maine Statutes Title 19-A, §951-A(5), maintenance can be modified for:
A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Cohabitation by the recipient for at least 12 months (for orders entered on or after Sept. 18, 2013)
Modification Process
File a Motion: Submit a Motion for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Maine courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.
Important Considerations
Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
Maine requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.
The 12-month cohabitation rule for modification applies only to orders entered on or after September 18, 2013.
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
Maine Spousal Maintenance FAQs
What types of maintenance exist in Maine?
Maine recognizes several types of maintenance:
General Support: For longer-term financial assistance
Transitional Support: For short-term needs after divorce
Reimbursement Support: To repay contributions to education, career, or in response to exceptional circumstances such as economic misconduct or economic abuse
Key differences:
General support may be longer-term or indefinite
Transitional support is typically limited to a specific period
Reimbursement support has a specific repayment or compensatory purpose
Maine Statutes Title 19-A, §951-A
How is maintenance calculated in Maine?
Maine uses statutory factors rather than a strict formula:
Recipient's financial needs
Payor's ability to pay
Duration of marriage
Standard of living during marriage
Age and health of both parties
Employment history and earning capacity
Common calculation approaches:
Difference between parties' incomes
Amount needed to cover basic living expenses
Not to exceed recipient's need or payor's ability
Maine Statutes Title 19-A, §951-A(2)
How does marriage length affect maintenance in Maine?
Marriage duration significantly impacts Maine maintenance:
Under 10 years: Typically limited-term maintenance
10-20 years: Maintenance for longer periods, potentially 50-75% of marriage length
20+ years: May receive long-term or indefinite maintenance
Special considerations:
Disabled spouse may receive longer-term maintenance
Career sacrifices may extend duration
Age and health factors are particularly important for long marriages
Maine Statutes Title 19-A, §951-A(2)
Can maintenance be modified or terminated in Maine?
Yes, under certain conditions:
Automatic Termination: When recipient remarries
Modification: For substantial and continuing change in circumstances
Termination: At end of ordered period or upon court order
Cohabitation: After 12 months of cohabitation in a marriage-like relationship (for orders entered on or after Sept. 18, 2013)
Grounds for modification:
Significant income change
Payor's retirement
Recipient's improved earning capacity
Disability or health issues
Maine Statutes Title 19-A, §951-A(5)
How does fault affect maintenance in Maine?
Maine is a no-fault divorce state:
Fault generally doesn't affect maintenance decisions
Extreme misconduct may be considered in rare cases
Economic misconduct or abuse (hiding assets, controlling economic resources) may affect awards
Economic abuse is now a specific statutory factor courts must consider under §951-A(5)(M-1)
Key implications:
Most maintenance decisions are based on financial need
Court has discretion in how much weight to give fault
Marital misconduct is rarely a significant factor, but economic abuse is specifically addressed by law
Maine Statutes Title 19-A, §951-A & §4102(5)
Are maintenance payments taxable in Maine?
Federal tax (2025 update): Under the Tax Cuts and Jobs Act of 2017, maintenance payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.
Maine tax: Follows federal treatment - no deduction for payor or income for recipient for post-2018 agreements.
Key considerations:
Pre-2019 agreements may have different tax treatment
Child support payments are never deductible
Property settlements have different tax treatment
IRC §71, Tax Cuts and Jobs Act of 2017
What's the difference between maintenance and alimony in Maine?
Maine law uses the term "spousal support" rather than "alimony," but common distinctions:
Spousal Support:
Broad term covering all types of financial support
Includes general, transitional, and reimbursement support
Based on statutory factors under Title 19-A, §951-A
Traditional Alimony:
Older term sometimes used interchangeably
Often implied longer-term or permanent support
Less commonly used in modern Maine practice
Maine Statutes Title 19-A, §951-A
How does retirement affect maintenance in Maine?
Retirement impacts Maine maintenance cases:
Payor may petition to modify/terminate at retirement age
Court considers whether retirement is reasonable
Recipient's needs still considered
Early retirement may not be considered reasonable
Key factors courts consider:
Age of parties
Health status
Financial resources
Type of maintenance awarded
Standard of living during marriage
Maine Statutes Title 19-A, §951-A(5)
How do county differences affect maintenance in Maine?
Maine counties may handle maintenance cases differently:
Urban Counties (Cumberland, York): Typically higher maintenance amounts