Alimony, also known as spousal support, refers to periodic payments that are made to one spouse from the other after a divorce proceeding has been finalized. When considering whether an individual qualifies for alimony in Maine, the family court considers situations in which the spouses have unequal earning power and have been married for a specified time.
A family law court judge will also assess one spouse’s financial need against whether the other spouse can pay alimony. In general, the purpose of alimony is to equalize the financial resources of a divorcing couple.
However, it is important to note that spousal support or alimony is not automatic and is not ordered in every divorce. Sometimes, the judge may award temporary alimony while the divorce is pending. Typically, in Maine, the spouse who earns less or no income will apply to the court for spousal support, which may be ordered by the judge if they are eligible.
It is important to note that applying for spousal support in Maine is gender-neutral, meaning either spouse can apply. Further, both the individual who filed the divorce and the individual being served with the divorce may file for spousal support.
How Much Alimony Can You Receive?
Once again, alimony is payments made from one spouse to another after a divorce to support the spouse. Alimony payments are separate from child support payments, which are payments made for any child of the marriage to sustain the child’s daily essential needs.
When calculating spousal support in Maine, a family court judge will consider all of the relevant factors in the specific situation being presented in court, including but not limited to the following:
- The ability for a spouse to support themself;
- The necessary time for the spouse to acquire a job or get training to become employed;
- The standard of living that was established during the time of marriage;
- The overall length of the marriage;
- The circumstances that led to the separation.
- It is important to note that if there is evidence of domestic abuse, that evidence may be used to support spousal maintenance payments;
- Each party’s age;
- The physical and mental condition of each party;
- The ability of the spouse paying alimony to support themselves while making payments; and
- Other financial responsibilities and resources of each party, such as the following:
- Previous awards of child support;
- Other financial obligations of each party,
- The rights of each party to receive retirement benefits; and
- Taxability or non-taxability of income.
Alimony in Maine may appear in one of five different forms:
- Transitional or Rehabilitative Support: Transitional support is spousal support ordered by a court to provide financial support to help a spouse to transition to single life, such as acquiring an education or new employment skills;
- Interim or Temporary Support: Interim support is spousal support that may be awarded to cover the period that it takes to finalize the divorce proceedings.
- After interim support, another form of spousal support may be ordered;
- Reimbursement Support: When the division of marital property is not enough, reimbursement support may be ordered by a court to provide equalization for a spouse’s contributions to the education or career of the other spouse during the marriage;
- General Support: General support in Maine is limited to marriages that have lasted more than 10 years, and is ordered to a lower-earning spouse that is unable to become financially independent, due to age or health; or
- Nominal Support: Nominal spousal support is essentially a placeholder spousal support, such as a $1 order, that is utilized by a judge so that way they may later visit the issue of spousal support, if necessary.
Once again, the court will generally consider the circumstances of each party when determining how much alimony is to be ordered and for how long the alimony order will remain. In Maine, alimony can either be ordered to be paid in a lump sum payment, periodic temporary payments, or permanent periodic payments, given the circumstances and facts of the case. However, spousal support will typically only be ordered to be paid temporarily.
How Long Does Alimony Last?
Maine alimony laws generally provide that alimony payments are to be ordered temporarily. In most cases, alimony payments will terminate in the following situations:
- Either spouse passing away; or
- The spouse receiving spousal support payments remarries or enters into a relationship that is the equivalent of a marriage with another individual.
The duration of alimony payments in Maine will depend primarily on the type of alimony the court orders. For instance, if the receiving spouse is receiving permanent alimony due to a disability or other factors, then payments will continue indefinitely until the death of either party.
In contrast, if alimony has been ordered to allow the receiving spouse to gain employment skills, then the duration of the spousal support payments may be based on the time that the court determines is necessary for the receiving spouse to gain financial independence.
If the spousal support payment was ordered in a lump sum payment as a means of executing a just and fair division of marital property, then the duration of the alimony will simply be the single lump sum payment paid from one spouse to the other.
The court may also terminate alimony payments before the date ordered if the circumstances surrounding the alimony change, such as the receiving spouse obtaining a high-paying job. Spousal support payments may also terminate if there is a significant and material change in the circumstances of the obligor, such as them losing a job due to disability or health reasons. It is important to note that intentional underemployment is not a valid reason for the termination of alimony payments.
How Do You Petition for Alimony?
To petition for spousal maintenance in Maine, even if the maintenance is temporary, the individual requesting alimony will be required to either file for “Petition for Divorce” with a claim for spousal support or include a claim for spousal support in their Answer and Counterclaim for Divorce if they were served with the divorce paperwork.
Regardless of which of these documents the individual chooses to file, in order to petition for alimony, the petitioning party will need to include a request for maintenance in their documents. Then, once the individual has filed the appropriate spousal support claims, they will be required to serve them on the other spouse.
After the petitioning individual has served divorce paperwork on their spouse, they will be required to complete an income worksheet and provide evidence to the court regarding their financial and spouse’s financial information.
These pieces of evidence are used to show the court their current financial status and why they need maintenance payments. This financial information will also be used by the court to calculate the amount of maintenance that will be ordered.
If an individual makes a mistake on their spousal maintenance paperwork, they may be barred by the court from receiving any alimony payments. If you are attempting to request spousal maintenance, it is often essential to consult with an attorney who can advise you of your best course of legal action. An attorney can also assist with completing alimony paperwork to avoid mistakes while petitioning for maintenance.
Where Can You Find the Right Lawyer?
As noted above, consulting with an experienced Maine alimony lawyer when petitioning for maintenance is recommended to avoid any potential mistakes. Obtaining maintenance, especially temporary maintenance, during a separation is often the difference between continuing to live as you did during your marriage or struggling to survive paycheck to paycheck.
As such, it is essential to file a petition for maintenance free from mistakes to begin receiving spousal maintenance to take care of your life needs. An experienced Maine family law attorney will be able to ensure that you receive proper spousal maintenance payments and can assist you in petitioning for divorce and maintenance. An experienced family law attorney can also represent your interests in court.
