Modifying and Ending Spousal Support in Maine

Maine spousal support awarded on or after October 1, 2013 can be modified on a substantial change in financial circumstances when justice requires; remarriage and cohabitation end support only if the order says so, and death ends payments not yet due unless the order provides otherwise.

Modification

An award of spousal support issued on or after October 1, 2013 is subject to modification when there is a substantial change in financial circumstances and it appears that justice requires. An earlier award is modifiable when justice requires, unless the order expressly states that it is not subject to future modification, in whole or in part (19-A M.R.S. § 951-A(4)).

Limits written into the order

The order states the term and any limitations the court determines just, including a limit on increases or decreases in the amount or the term, a limit on the method of payment, a limit on payment related to the payee’s remarriage and a limit on payment related to the payee’s cohabitation (951-A(3)). Remarriage and cohabitation end support only if the order says so, so read yours.

Death

An order may provide that the award survives the death of the payee or payor, or both. Unless it says otherwise, the obligation ceases on the death of either party for any payment not yet due (951-A(8)).

Security

The court may order the obligated party to maintain life insurance or otherwise provide security for the payment of support in case the obligation survives death, and may assign real estate or other property, or its income, to the other party for life or for another period (951-A(7)).

What to gather

The order, before-and-after financial records, proof of the change in circumstances and the dates of any remarriage or cohabitation.

Documents to gather

The order, proof of the change in circumstances with dates and any language about remarriage, cohabitation or death.

Next steps

See the factors the court weighs for how a court weighs the circumstances and the Maine alimony calculator to test a new ceiling.

Frequently asked questions

Can Maine spousal support be modified?

Awards issued on or after October 1, 2013 can be modified on a substantial change in financial circumstances when justice requires, unless the order says otherwise.

Does remarriage end Maine spousal support?

Only if the order limits payment on remarriage; the court may include such a limit.

Does cohabitation end Maine spousal support?

Only if the order includes a limit related to the payee's cohabitation.

Does death end Maine spousal support?

Unless the order says otherwise, payments not yet due end on the death of either party.

Can Maine spousal support be secured by life insurance?

Yes. The court may order life insurance or other security.

Official sources

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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.