Maine Divorce Property Division

What the Law Says

Maine courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Maine divides marital property “in proportions the court considers just” under 19-A M.R.S. §953(1), with no statutory presumption of an equal split, after considering four enumerated factors: each spouse's contribution to the acquisition of the marital property, including a spouse's contribution as homemaker; the value of the property set apart to each spouse; the economic circumstances of each spouse when the division takes effect, including the desirability of awarding the family home to the spouse with custody of the children; and — added in 2023 — economic abuse by a spouse (§953(1)(D), P.L. 2023, c. 646). The statute also draws detailed lines between marital and separate appreciation of premarital property (§953(2)).

Division Factors (19-A M.R.S. §953)

What Maine courts weigh:

1. Contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker (19-A M.R.S. §953(1)(A))
2. Value of the property set apart to each spouse (§953(1)(B))
3. Economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children (§953(1)(C))
4. Economic abuse by a spouse (§953(1)(D), added by P.L. 2023, c. 646)

Common Questions