The employment history and employment potential of each party; E. The income history and income potential of each party; F. The education and training of each party; G. The provisions for retirement and health insurance benefits of each party; H. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable; I. The health and disabilities of each party; J. The tax consequences of a spousal support award; K.
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The contributions of either party as homemaker; L. The contributions of either party to the education or earning potential of the other party; M. Economic misconduct by either party resulting in the diminution of marital property or income; N. The standard of living of the parties during the marriage; O. The ability of the party seeking support to become self-supporting within a reasonable period of time; P.
Any other factors the court considers appropriate. Courts in Maine will generally accept agreements parents have made in regards to custody unless there is substantial evidence that the agreement should not be ordered. When the court rules on child custody, it applies the best interest of the child standard. The court will focus primarily on the safety and well-being of the child, but will also consider the following factors: A. The age of the child; B. The preference of the child, if old enough to express a meaningful preference; D.
The stability of any proposed living arrangements for the child; F.
The motivation of the parties involved and their capacities to give the child love, affection and guidance; G. The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access; I. The capacity of each parent to cooperate or to learn to cooperate in child care; J. The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects the child emotionally and the safety of the child; M. The existence of any history of child abuse by a parent; N. All other factors having a reasonable bearing on the physical and psychological well-being of the child; O.
Maine Marital Property FAQs
If the child is under one year of age, whether the child is being breast-fed; Q. If there is a person residing with a parent, whether that person, has been convicted of certain crimes; and S. The total basic child support obligation must be divided between the parties in proportion to their respective gross incomes. The court or hearing officer shall order the party not providing primary residential care to pay child support to the party providing primary residential care.
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Judicial Branch — site includes a court directory, opinions, court publications, and legal news. Pine Tree Legal Assistance — a non-profit corporation providing legal assistance to people in the State of Maine whose income is one hundred twenty-five percent of the federal income poverty guidelines or less.
Maine State Bar Association — online legal information pamphlets, legal forms, and news for attorneys and the public. Report broken links or send suggestions by contacting us. Maine Attorney Directory. An increase in value is also marital if it results from the investment of marital funds or property for example, payment of a mortgage with marital funds during the marriage , or the labor of one of both spouses during the marriage. Although these rules are clearly set out in Maine law, in practice they can be very difficult to apply, especially if one spouse owns a business or other asset to which the other contributed significant amounts of labor or money during the marriage.
If you have a complex property situation like this, you may need to consult an attorney for advice. Sometimes spouses can convert separate property into marital property, or vice versa. A spouse can change separate property into marital property by changing title from individual to joint ownership. Joint ownership of an asset in Maine creates a very strong presumption that the asset is marital property, and in the case of real estate, this presumption is almost impossible to disprove. A spouse who mixes other separate property with marital property—by depositing separate funds into a joint bank account, for example—may still be able to prove that the property is separate, but only by presenting clear proof that the spouse did not intend to make a gift to the marriage.
If the spouses entered into a premarital agreement, they may already have a list of which property is marital and which is separate, but if they failed to consider everything they might acquire, there may still be conflicts. After determining which property is marital property, the couple, or the court, will generally assign a monetary value to each item.
Couples who need help determining values can hire professional appraisers. Some financial assets, such as retirement accounts, can be very difficult to evaluate and may require the assistance of a financial professional, such as a C. Spouses can assign certain items of property to each spouse, possibly with an equalizing payment if one spouse gets substantially more than the other. They can also sell property and divide the proceeds, either equally or unequally. Others may keep investment property in hopes it will increase in value.
How to File a Divorce in Maine
The couple must also assign all debt accrued during the marriage, including mortgages, car loans, and credit card debts, to one of the spouses. A judge in Maine has very broad discretion in dividing marital property, and will not necessarily divide such property equally, or even close to equally. For example, a court will treat a jointly titled marital home as marital property, but if the home was paid for primarily with the separate funds of one spouse, the court may award that spouse a much higher percentage of the value.
A Maine judge will consider all relevant factors in deciding what kind of property division is fair, including the following:. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
- The Four Options for Divorce in Maine.
- Find out how marital property (and debt) is divided in a Maine divorce case.;
- What you need to know about marital property in a divorce in Maine..
- Issues that may come up in a divorce?
- Maine Divorce Laws - Maine Divorce Source.