Maine has adopted a new formula for calculating general spousal support, replacing a system that gave judges broad discretion with no set method for reaching a number. This guide walks through what changed, when it takes effect, and what it means if you’re considering divorce or already navigating one.
How Spousal Support Used to Work in Maine
Under the prior system, a judge weighed a long list of factors — length of the marriage, each spouse’s age, income, health, and education, among others — and used their judgment to decide whether to award support, how much, and for how long. There was no formula. Two similar couples could walk into two different courtrooms and get two very different results, which made outcomes hard to predict and settlement negotiations harder to complete.
What the New Law Changes
Maine’s new law (LD 2142, now part of the state’s spousal support statute at 19-A M.R.S. § 951-A) doesn’t eliminate judicial discretion, but it gives courts — and divorcing spouses — a real starting point. It does this in three main ways.
A Formula for the Amount
If general spousal support is awarded, the presumptive annual amount is now calculated as the difference between the spouses’ incomes, multiplied by a “durational factor.” The durational factor is the number of years of marriage multiplied by 0.015, capped at 0.3 once a marriage reaches 20 years. In practical terms, the longer the marriage, the larger the share of the income gap that factors into support, up to that cap.
A Presumption of Entitlement
If the marriage lasted 10 years or more, and one spouse’s income is 65% or less of the other’s, the law now presumes that spouse is entitled to some general support. The higher-earning spouse would need to show the court why that presumption shouldn’t apply.
Guidance on Duration
The new law also sets expectations for how long support should last:
- Under 10 years married: presumption against awarding general support at all
- 10–20 years married: presumption against a term longer than half the length of the marriage
- Over 20 years married: presumption that support should be awarded for an indefinite period
Each of these is a rebuttable presumption, meaning it’s the expected outcome unless a party shows the court why applying it would be unjust in a particular case. Judges retain the ability to look at the full picture — the presumptions simply give everyone a more predictable starting point.
When the New Formula Takes Effect
The new formula applies to divorce actions filed or pending on or after January 1, 2027. If you already have a spousal support order in place before that date, the new formula alone generally cannot be used to reopen or modify it. A party seeking modification would still need to show a substantial change in circumstances first and that justice requires it.
What This Means If You’re Considering Divorce
For most Mainers, a formula-based approach is a meaningful improvement. It offers several practical advantages:
- More predictable outcomes: spouses can get a realistic sense of what support might look like before ever setting foot in a courtroom
- Faster settlements: when both sides can estimate the likely outcome, reaching agreement takes less time and costs less
- A better fit for mediation: because results are more consistent, spousal support becomes easier to resolve at the mediation table rather than through litigation
That said, a formula doesn’t replace the need for sound legal advice. Determining what counts as income, whether a presumption applies or should be rebutted, and how spousal support interacts with child support still requires careful analysis specific to your situation.
Common Questions About Maine’s New Spousal Support Law
Is spousal support the same as alimony in Maine?
Yes. “Spousal support” is the term used in Maine’s statute; many people still refer to it as alimony.
Does the new formula guarantee I’ll receive spousal support?
No. The formula creates a presumptive starting point that can be rebutted, and it applies only to “general” spousal support — not the other categories Maine recognizes, such as transitional or reimbursement support.
I already have a spousal support order. Does this law affect me?
Not directly. The new formula generally cannot be used on its own to modify an existing order. A substantial change in circumstances would still need to be shown before a court would consider the new presumptions.
Do I need an attorney to understand how this applies to my case?
The formula itself is straightforward, but applying it correctly requires determining what counts as income, whether the relevant presumptions apply, and how the result interacts with child support. Those details are worth discussing with an attorney before drawing conclusions about your case.
Ready to take the next step? Contact Dirigo Divorce PLLC for a confidential consultation. Dirigo Divorce serves clients throughout Androscoggin County, York County and Cumberland County, Maine, and southern New Hampshire. Call or contact us online today.