The Factors Maine Courts Weigh for Spousal Support
A Maine court must weigh the length of the marriage, each party’s ability to pay, age, work and income history, education, health, tax effects, homemaker contributions, misconduct and abuse, the standard of living and the ability to become self-supporting.
The factors
The court shall consider these factors when determining an award of spousal support (19-A M.R.S. § 951-A(5)): the length of the marriage; the ability of each party to pay; the age of each party; employment history and potential; income history and potential; education and training; retirement and health insurance provisions; the tax consequences of the division of marital property, including selling the marital home; health and disabilities; the tax consequences of a support award; contributions as homemaker; contributions to the other party’s education or earning potential; economic misconduct resulting in the diminution of marital property or income; economic abuse; the standard of living during the marriage; the ability of the party seeking support to become self-supporting within a reasonable period; and the effect of income from property set apart and of child support on need and ability to pay. The court may consider any other factors it considers appropriate.
Property and child support come into play
The actual or potential income from marital or nonmarital property awarded to each party, and the child support for the minor children, change both the need for support and the ability to pay it. That is why the property division and child support are decided together with spousal support.
Misconduct and abuse
Economic misconduct by either party that reduced marital property or income, and economic abuse, are listed factors. They can also support reimbursement support.
Self-sufficiency
The ability of the party seeking support to become self-supporting within a reasonable time points toward transitional support or a limited term rather than open-ended general support.
Evidence that helps
Tax returns and pay records for several years, retirement and insurance information, health records, a budget for each household and evidence of the marital standard of living.
Questions for the negotiation
Decide the type, amount and term, and what limits on remarriage or cohabitation you want in the order, because the statute leaves those to the court.
Try the calculator
The Maine alimony calculator builds a ceiling from the ability-to-pay factor and applies the length-of-marriage presumptions.
Frequently asked questions
What factors does Maine consider for spousal support?
Seventeen listed factors, including the length of the marriage, ability to pay, age, income and employment potential, education, health, the standard of living and any other factor the court considers appropriate.
Does Maine consider economic misconduct for spousal support?
Yes. Economic misconduct resulting in the diminution of marital property or income and economic abuse are factors.
Do taxes matter for Maine spousal support?
Yes. The tax consequences of the property division and of a support award are factors.
Does child support affect Maine spousal support?
Yes. Child support is part of the effect on a party's need for support and ability to pay.
Does a homemaker’s work count for Maine spousal support?
Yes. The contributions of either party as homemaker are a factor.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.