At the time of divorce in Maine, the judge might order one spouse to provide financial assistance in the form of alimony to another spouse. This arrangement aims to preserve the economic situation of both parties. It is called spousal support and is different from child support. The spouse in financial need has to demand alimony as a part of the divorce decree. There is no calculation method for alimony as there is for child support.
Factors considered by the judge before ordering alimony in Maine
If the parties in divorce do not agree to an alimony amount, the judge decides it with the help of divorce lawyers in Maine. The judge decides after considering several factors, including the spouse’s age, education, income, employment history, ability to pay alimony, retirement, and health insurance benefits.
The judge also considers if a spouse worked at home or contributed to the other spouse’s earning potential. For example, the spouse was working while the other spouse was in school. The judge also considers the possible tax consequences from selling the shared property. The court also considers economic misconduct by either spouse including wasting of marital assets through gambling or excessive spending.
Types of alimony awarded in Maine
Depending on the conditions of a specific case, the judge determines whether or not to award the alimony. The different types of spousal support include:
1. General Support
The judge could award general support when one spouse has substantially less income potential than the other spouse, and the marriage lasted for at least ten years. Usually, the court does not award it for longer than half the length of the marriage.
2. Transitional Support
The judge awards the transitional support for a short-term financial need if one spouse has to undergo significant lifestyle changes as a result of the divorce by relocating or reentering the workforce. It is usually to pay for education or training so that the spouse can get a better job.
3. Reimbursement Support
The judge could award reimbursement support under exceptional circumstances. A spouse could establish in the court that the current division of assets is unfair, or that the other spouse misused money during the marriage, or that he or she paid for the education or training expenditure of other spouse.
4. Nominal Support
Nominal support order helps in preserving the court’s jurisdiction to award a larger alimony payment in the future. The judge might order nominal support under two circumstances.
- One spouse presently has sufficient income and no substantive spousal maintenance is required, but may be needed in the future.
- The payer spouse has a temporary loss of financial status and can pay only a nominal amount presently. The recipient spouse can demand a larger alimony amount when the financial condition of the payer spouse improves.
5. Interim Support
The judge orders payment of the interim support till the time the final spousal support is determined.
LawTally guides you in finding the best alimony lawyer
Use LawTally, a web portal for lawyer search, to select the most appropriate lawyer in Maine. You could demand to modify spousal support any time if there is a substantial change in circumstances of either spouse. You need an experienced Alimony Lawyer to prove your stance in the court of law.
Even when you demand spousal support along with the divorce decree, you need an experienced lawyer by your side to prove that you are eligible for alimony. LawTally has an extensive database of the top-rated lawyers across the nation.