Maine Marital Settlement Agreement
A Maine marital settlement agreement lets divorcing spouses divide their marital property equitably, set spousal support, and address custody and child support, then have those terms incorporated into the divorce judgment. Attorney review available.
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Introduction
Under 19-A M.R.S. 953 a Maine court sets apart to each spouse that spouse's own property and divides the marital property in the proportions it considers just, and a marital settlement agreement is the written contract spouses use to make those choices themselves, covering property division, spousal support, and (by reference) custody and child support for the judgment that ends the marriage. Maine is an equitable distribution state: the court sets apart to each spouse that spouse's own property and divides the marital property in proportions the court considers just after weighing all relevant factors (19-A M.R.S. 953). A Maine marital settlement agreement lets you set that division yourselves instead of leaving it to the court. Maine has no percentage formula for spousal support; instead its statute defines several types of support, including general, transitional, reimbursement, nominal, and interim support (19-A M.R.S. 951-A), and there is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years. Custody and child support follow Maine's statewide guidelines, with a rebuttable presumption that the guideline amount is the amount ordered (19-A M.R.S. 2005), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. To file for divorce the plaintiff generally must have resided in Maine for six months (19-A M.R.S. 901). DocDraft builds your Maine marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Maine, whose law recognizes several kinds of spousal support, including general, transitional, reimbursement, and nominal support, a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, that support, and by reference custody and child support for the judgment that ends the marriage.
- 2
Maine is an equitable distribution state: the court sets apart to each spouse that spouse's own property and divides the marital property in proportions the court considers just after weighing all relevant factors (19-A M.R.S. 953). Equitable means fair, not automatically 50/50.
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A Maine marital settlement agreement lets the spouses set the property and debt division themselves rather than leaving it to the court, so you can agree to a division that fits your situation instead of a court-ordered split.
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Maine has no percentage formula for spousal support. Its statute defines several types of support, including general, transitional, reimbursement, nominal, and interim support (19-A M.R.S. 951-A), and the court sets support by weighing the statutory factors.
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For general support there is a rebuttable presumption that it may not be awarded if the parties were married for less than 10 years as of the filing date; for marriages of 10 to 20 years there is a further presumption against a term longer than half the length of the marriage.
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Child support follows Maine's statewide guidelines, with a rebuttable presumption that the guideline amount is the amount ordered (19-A M.R.S. 2005), computed under 19-A M.R.S. 2006; custody and child support stay court-approved and modifiable and cannot be bargained away.
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To file for divorce in Maine the plaintiff generally must have resided in good faith in the State for six months before starting the action (19-A M.R.S. 901). Maine has no California-style post-filing waiting period; the signed agreement is incorporated into the divorce judgment.
Key decisions before you file
Before you file a Marital Settlement Agreement in Maine, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Maine Requirements for Marital Settlement Agreement
Equitable Distribution of Property
Maine is an equitable distribution state. The court sets apart to each spouse their own property and divides the marital property in proportions the court considers just after weighing all relevant factors (19-A M.R.S. 953). Equitable means fair, not automatically 50/50.
Agree the Division Yourselves
A Maine marital settlement agreement lets the spouses set the property and debt division themselves instead of leaving it to the court. This lets you agree to a division that fits your situation rather than a court-ordered result under 19-A M.R.S. 953.
No Spousal Support Formula, Support Types
Maine has no percentage formula for spousal support. The statute defines several types of support, including general, transitional, reimbursement, nominal, and interim support, and the court weighs the statutory factors (19-A M.R.S. 951-A).
Presumption Against General Support Under 10 Years
There is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years as of the filing date. For marriages of 10 to 20 years a further presumption limits general support to no more than half the length of the marriage (19-A M.R.S. 951-A).
Child Support Follows the Guidelines
Child support follows Maine statewide guidelines, with a rebuttable presumption that the guideline amount is the amount ordered (19-A M.R.S. 2005), computed under 19-A M.R.S. 2006. Parties may agree on an amount, but child support stays subject to court approval and cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Maine marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Maine marital settlement agreement must be in writing and signed by both spouses. No statute requires notarization for spouses who participate in the case, but signing before a notary can help prove the signatures are genuine.
Residency and Incorporation
To file for divorce the plaintiff must have resided in good faith in Maine for six months (19-A M.R.S. 901). Maine has no California-style post-filing waiting period. The signed agreement is presented to the court and incorporated into the divorce judgment so its terms are enforceable, subject to the court approving custody and child support.