Maine Legal Separation Agreement
Maine offers legal separation as a judicial separation, available when a spouse lives apart or wants to for more than 60 continuous days, and the property division is final. Attorney review available.
Find out where you stand in Maine
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Introduction
Maine offers legal separation under the name judicial separation. A Maine District Court can enter a separation decree on the petition of a married person who lives apart, or who wants to live apart, from a spouse for a period in excess of 60 continuous days, or on the joint petition of a couple in that situation (19-A M.R.S. 851). The couple stays legally married and neither may remarry, but the court can order spousal support, determine parental rights and responsibilities and child support, and divide the couple's property. What sets Maine apart is how durable the decree's property division is: a judicial separation can later be modified for a substantial change of circumstances, but the portion of the decree that divides the parties' property under 19-A M.R.S. 953 is not subject to modification and remains in full force (19-A M.R.S. 851). That same property division survives even if the couple later divorces. A judicial separation ends only in one of two ways: the spouses file a written declaration, signed and acknowledged by both, stating that they have resumed marital relations, or either spouse files for divorce, in which case the separation decree gives way to the divorce while the property division stays in place. To file, a spouse must meet one of Maine's residency alternatives, such as one spouse having lived in Maine for at least six months (19-A M.R.S. 901). Maine divides marital property by equitable distribution, and because that division is the same one used in a divorce, those terms belong in a Maine Marital Settlement Agreement; if you decide to end the marriage, the pleading that starts it is a Maine Divorce Petition. DocDraft builds your Maine judicial separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Maine offers legal separation as a judicial separation. A District Court can enter a separation decree when a married person lives apart, or wants to live apart, from a spouse for a period in excess of 60 continuous days (19-A M.R.S. 851); the couple stays legally married and neither spouse may remarry.
- 2
A Maine judicial separation does not dissolve the marriage. The court can order spousal support, set parental rights and child support, and divide the couple's property, but the marriage stays intact until a later divorce.
- 3
Maine's threshold is a 60-continuous-day separation. A spouse can petition when living apart, or wanting to live apart, for a period in excess of 60 continuous days (19-A M.R.S. 851); there is no fault ground to prove.
- 4
The property division in a Maine judicial separation is final. A decree can be modified for a substantial change of circumstances, but the portion dividing property under 19-A M.R.S. 953 is not subject to modification and remains in full force (19-A M.R.S. 851).
- 5
A Maine judicial separation ends in one of two ways: the spouses file a written declaration, signed and acknowledged by both, that they have resumed marital relations, or either spouse files for divorce, in which case the property division still stays in place (19-A M.R.S. 851).
- 6
To file for a judicial separation in Maine, a spouse must meet one of Maine's residency alternatives, such as one spouse having been a Maine resident for at least six months (19-A M.R.S. 901).
- 7
Maine divides marital property by equitable distribution rather than as community property. Because that division is the same one used in a divorce, those terms belong in a Maine marital settlement agreement rather than the separation itself; see the Maine marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Maine, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Maine Requirements for Legal Separation Agreement
Decree of Judicial Separation
Maine grants a judicial separation, its form of legal separation (19-A M.R.S. 851). The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later divorce.
60-Continuous-Day Threshold
The Maine District Court has jurisdiction over a judicial separation when a married person lives apart, or desires to live apart, from a spouse for a period in excess of 60 continuous days, on petition or joint petition (19-A M.R.S. 851). No fault ground is required.
Property Division Is Final
A judicial separation decree can be modified for a substantial change of circumstances, but the portion dividing the parties' property under 19-A M.R.S. 953 is not subject to modification and remains in full force (19-A M.R.S. 851). That property division survives even a later divorce.
How the Separation Ends
A Maine judicial separation terminates if the spouses file a written declaration, signed and acknowledged by both, that they have resumed marital relations, or if either spouse obtains a divorce (19-A M.R.S. 851). The property division stays in place in either case.
Residency to File
To file for a judicial separation in Maine, a spouse must meet one of Maine's residency alternatives, such as one spouse having been a resident of Maine for at least six months before filing (19-A M.R.S. 901).
Spousal Support in the Decree
In a judicial separation the Maine court may order spousal support, determined under the factors in 19-A M.R.S. 951-A. Support can later be altered when justice requires, unlike the property division, which is final.
Equitable Division of Property
Maine divides marital property by equitable distribution under 19-A M.R.S. 953 rather than as community property. Because this is the same division used in a divorce, set it out in a Maine marital settlement agreement rather than in the separation itself.
Separation Versus Marital Settlement Agreement
A Maine judicial separation sets the couple's status; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the judicial separation for status.