Maine Marital Property Division Guide

Maine takes a balanced approach to dividing property in divorce, combining clear statutory guidance with judicial discretion to achieve fair outcomes. As an equitable distribution state, Maine courts divide marital property in "just proportions" based on specific factors—which doesn't necessarily mean a 50/50 split. Understanding how 19-A MRSA Section 953 governs property division is essential whether you're pursuing an uncontested or contested divorce in Maine.

This guide explains Maine's equitable distribution framework, the distinction between marital and non-marital property, factors courts consider, and strategies to protect your financial interests during divorce.

Maine Equitable Distribution: Fair, Not Equal

Under Maine law, when a divorce is granted, the court must "set apart to each spouse the spouse's property and shall divide the marital property in proportions the court considers just." The key word is just—not equal. Courts have significant discretion to allocate property based on each couple's unique circumstances.

In practice, Maine judges often divide marital property with the higher-earning spouse receiving approximately two-thirds and the lower-earning spouse receiving one-third. However, this is not a fixed rule—the actual division depends on the statutory factors and specific facts of your case.

Maine also protects assets during divorce proceedings through an automatic preliminary injunction that takes effect when divorce papers are filed and served. This restrains both spouses from transferring, encumbering, or destroying property until the court orders otherwise.

Marital Property vs. Non-Marital Property

Unlike some states where all property is subject to division, Maine distinguishes between marital property (divisible) and non-marital property (set apart to the owning spouse).

Marital Property Includes:

• Property acquired during marriage: Real estate, vehicles, bank accounts, investments, and personal property accumulated while married
• Retirement benefits: The portion of pensions, 401(k)s, IRAs, and other retirement accounts attributable to contributions during the marriage
• Business interests: Value accumulated in businesses during the marriage
• Appreciation of assets: Growth in value of both marital and separate property during the marriage

Non-Marital Property Includes:

• Property acquired before marriage: Assets you owned prior to getting married
• Gifts and inheritances: Property received by one spouse alone through gift, bequest, devise, or descent
• Property acquired after legal separation: Assets obtained after a decree of judicial separation
• Property excluded by agreement: Assets designated as non-marital in a valid prenuptial or postnuptial agreement

Important caveat: Even non-marital property can become marital property through "commingling." If you deposit an inheritance into a joint account or use premarital funds for marital expenses without careful record-keeping, courts may treat those assets as marital property.

Factors Courts Consider in Property Division

Under 19-A MRSA Section 953, Maine courts must consider "all relevant factors" when dividing marital property. The statute specifically lists several key considerations:

Contribution Factors

• Each spouse's contribution to acquisition: Financial contributions toward purchasing or improving property
• Homemaker contributions: The statute explicitly recognizes contributions as a homemaker—caring for children, managing the household, and supporting the other spouse's career

Value and Economic Factors

• Value of property set apart: The worth of non-marital property each spouse retains
• Economic circumstances: Each spouse's financial situation when division becomes effective, including income, earning capacity, and financial needs
• Desirability of awarding the family home: Whether the custodial parent should receive the home or the right to live there for a reasonable period

Economic Abuse Factor (2023 Amendment)

A significant 2023 amendment to Section 953 added economic abuse as a factor courts must consider. This includes behaviors like controlling access to money, preventing a spouse from working, or using finances as a means of coercion. If proven, economic abuse can significantly impact how property is divided.

Dividing the Family Home

The family home is often the most valuable and emotionally significant asset in Maine divorces. Courts have several options:

• Sell and divide proceeds: The simplest solution—sell the home and split the equity
• Buyout: One spouse buys out the other's equity interest, often by refinancing the mortgage
• Deferred sale: The custodial parent remains in the home until children reach a certain age
• Award to one spouse: The court may award the home to one spouse with an offsetting award of other assets to the other

Maine law specifically considers the "desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children." This means custodial parents often receive preference for the family home.

Retirement Accounts and Pensions

Retirement benefits present unique challenges in Maine divorces. Both vested and unvested retirement accounts are considered marital property to the extent they were earned during the marriage.

Key considerations include:

• Marital portion calculation: Only contributions and appreciation during the marriage are divisible—premarital portions remain separate
• Valuation complexity: Pensions and retirement accounts often require actuarial analysis to determine present value
• QDRO requirements: Dividing employer-sponsored retirement plans typically requires a Qualified Domestic Relations Order (QDRO) prepared by an attorney
• Tax implications: Different retirement accounts have different tax consequences—a $100,000 401(k) is worth less after-tax than $100,000 in a brokerage account

How Debts Are Divided

Maine courts divide marital debts using the same equitable principles applied to assets. Factors considered include:

• Purpose of the debt: Was it incurred for marital benefit or personal use?
• Who incurred it: Which spouse took on the obligation?
• Ability to pay: Each spouse's income and financial capacity
• Timing: Debts incurred during marriage are typically marital; those after separation may be separate

Secured debts generally follow the asset—the spouse keeping the house typically takes the mortgage. Unsecured debts like credit cards are allocated based on who incurred them and the overall equitable balance.

Companion Animals in Property Division

Recent amendments to Maine law specifically address pets in divorce. Courts must now consider "the well-being of the companion animal" and award sole ownership to one spouse based on factors including:

• Each party's involvement in caring for the animal
• The animal's wellbeing and needs
• Any history of domestic violence or animal abuse

Mandatory Financial Disclosure

Maine requires comprehensive financial disclosure in divorce cases. Under Rule 108 of the Maine Rules of Civil Procedure, parties must exchange Financial Statements (Form FM-043) within 21 days of the scheduling order or three business days before mediation, whichever is earlier.

Financial statements must be updated 7 days before trial. If real estate is involved, parties must also file Real Estate Certificates. These sworn statements provide the foundation for property division and support calculations.

Property Division Through Mediation

Maine strongly encourages—and usually requires—mediation before any contested hearing in divorce cases. The court's CADRES mediation program provides trained mediators who can help couples reach agreement on property division.

Benefits of reaching a mediated agreement include:

• Greater control over the outcome than leaving decisions to a judge
• Lower costs and faster resolution
• More creative solutions tailored to your specific needs
• Better compliance with agreements you helped create

Property Division Is Final

Unlike child support or spousal support, which can be modified if circumstances change, property division in Maine is final and cannot be changed after the divorce is granted. This makes it critically important to:

• Ensure all assets and debts are identified before finalizing
• Obtain accurate valuations for significant assets
• Understand the long-term implications of proposed divisions
• Consider consulting with financial professionals for complex estates

Estimate Your Maine Divorce Costs

Property division complexity significantly affects overall divorce costs. Use our calculator to estimate expenses based on your specific situation:

Practical Tips for Maine Property Division

1. Document everything: Gather bank statements, tax returns, retirement account statements, and property records from the entire marriage
2. Track separate property: If you brought assets into the marriage or received inheritances, maintain documentation showing these remain separate
3. Don't violate the preliminary injunction: Once papers are filed, don't transfer or hide assets—violations can result in contempt and affect property division
4. Complete financial disclosures fully: Hiding assets or undervaluing property can backfire and damage your credibility with the court
5. Consider tax implications: Work with a financial professional to understand the after-tax value of different asset allocations
6. Get retirement accounts valued properly: Pensions and complex retirement benefits may need actuarial analysis
7. Focus on the long term: The emotional attachment to the family home may not be worth the financial burden of keeping it

Key Takeaways for Maine Property Division

Understanding Maine's approach to property division helps you protect your interests effectively:

• Equitable means fair, not equal—courts have discretion based on statutory factors
• Non-marital property is protected if properly documented and not commingled
• Contributions as homemaker count as much as financial contributions
• Economic abuse is now a factor following 2023 amendments
• Property division is final—get it right the first time
• Mediation is usually required before contested hearings

For official forms and filing procedures, visit the Maine Judicial Branch Divorce page. For the complete Maine divorce timeline and filing checklist, see our detailed guides.