Quick answer: Maine is an equitable distribution state, not a community property state. The court sets apart to each spouse his or her property and divides the marital property in proportions the court considers just, after considering all relevant factors, including each spouse’s contribution to acquiring the marital property (as a homemaker too), the value of the property set apart to each spouse, each spouse’s economic circumstances when the division takes effect (including the desirability of awarding the family home to the spouse having custody of the children) and economic abuse. There is no fixed percentage. Marital property is all property acquired after the marriage except gifts, bequests, devises and descent and the other exceptions in 19-A M.R.S. § 953(2); property acquired during the marriage is presumed marital, however it is titled.
What the Maine statute says
- Nonmarital property. Gifts, bequests, devises and descent; property exchanged for premarital or gifted property; property acquired after a legal separation; property excluded by valid agreement; and the increase in value of nonmarital property, with exceptions for increases from marital funds or labor.
- Presumption. All property acquired after the marriage and before a decree of legal separation is presumed marital regardless of title; the presumption is overcome by showing a listed method of acquisition.
- Retirement accounts. After a divorce complaint is filed, a nonowner spouse has an inchoate equitable interest in the owner’s retirement account or similar plan, to the extent it is exempt or beyond the reach of creditors.
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s nonmarital property. The calculator adds up the marital estate, starts at an equal share and shows the equalizing payment; you can move the slider to test a different division. The reasoning is in how Maine divides property, marital versus nonmarital property and the family home and retirement accounts.
Property and spousal support
The court looks at the property each party receives when it decides spousal support, and reimbursement support is available only if the property division cannot address the equities. See the Maine alimony calculator.
Property division across Maine
The statute applies in every Maine District Court, family division, from Portland, Lewiston, Bangor, South Portland, Auburn or Augusta. The IRS lists nine community property states, and Maine is not among them.
Frequently asked questions
Is Maine a community property state?
No. Maine divides marital property in proportions the court considers just under 19-A M.R.S. § 953. The IRS lists nine community property states, and Maine is not among them.
Does Maine split property 50/50 in a divorce?
Not by rule. The court divides marital property in proportions it considers just, after considering all relevant factors.
Is an inheritance divided in a Maine divorce?
Property acquired by gift, bequest, devise or descent is nonmarital and is set apart to the receiving spouse.
Is property titled in one name marital in Maine?
Property acquired after the marriage is presumed marital regardless of title, unless a listed exception is shown.
Does economic abuse matter for Maine property division?
Yes. It is one of the listed factors the court considers.