Legal Information: Maine


November 28, 2023

What factors will the judge consider when deciding whether to award alimony?

To decide whether to grant you alimony, the judge will consider:

  • the length of marriage; 
  • the ability of the spouse requesting support 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;
    • economic misconduct that caused the loss or reduction of value of property or income;
    • 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 is appropriate.1

If the judge issues an alimony order, it must include any limitations on the award that the judge believes are fair, which could includes a limit on:

  • the increases or decreases in the amount of support or the term (length) of support;
  • the method of payment of support;
  • the payment of support if you get remarried or if you begin living together with a romantic partner (cohabitation).2

1 ME ST T. 19-A § 951-A(5)
2 ME ST T. 19-A § 951-A(3)

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