Maine Famiy Law

Maine laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Maine Statutes
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault based and no-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors
4. Legal separation? Judicial Separation
a. Waiting period/Separation period 60 days
5. Is mediation required Mandatory when one spouse denies there are irreconcilable differences or if it is a contested divorce and children are involved.
6. Forms used Maine - Family Matters Forms
7. Alimony guidelines and factors See 951-A and 952
Alimony formula
a. Types
b. Term Limits Marriages or civil union of between 10 and 20 years, alimony is limited to a period equal to half the length of the marriage.  Normally not awarded in marriages less than 10 years.
Cohabitation Judge's discretion as to whether alimony terminates, suspends or reduces.  Must cohabitate longer than 3 months.  ME ST T. 19-A § 951- A
c. Imputing income Imputing income
d. Change in circumstances Changes in circumstances
e. Ceases on retirement Bills proposed to terminate alimony upon retirement / H. Paper 367, 126th 1st Reg. Sess. (Me. 2013)
Impute income on early retirement Impute on early retirement
Early retirement for health reasons is involuntary Retirement
f. Definition of income Definition of income
8. Child support factors and guidelines Maine Child Support Guidelines
9. Child support calculator Maine Child Support Guidelines
10. Lump Sum  Support allowed? Revised Statutes Annotated Section 19-721
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Ahern v. Ahern, 2008 ME 1, (January 3, 2008)
c. Standard of value Fair market value
d. Discounts
e. Shareholder/partner agreements
 12. Double dip  Impermissable double dip, not issue because personal goodwill not divisible
 a. Stock options  
 b. Retirement accounts  
 c. Child support
 13. Key cases  
 14. Premarital agreements  "Uniform Pre-Marital Agreement Act adopted.  Parties to a premarital
agreement may contract with respect to the modification or elimination of spousal support ME ST T. 19-A § 604"
 15. Common law  


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