By Jason M. Rice, Esq. | Dirigo Divorce | Springvale, Maine
Last Updated: May 2026 | 8-Minute Read
When a marriage ends, one of the most practical and consequential questions is: who gets what? Property division touches almost every aspect of a couple’s financial life — the family home, retirement accounts, bank accounts, vehicles, businesses, and debts. Understanding how Maine handles property division is essential for anyone going through a divorce.
This guide explains Maine’s equitable distribution framework, what counts as marital property, how courts decide what is fair, and what you can do to protect your financial interests during the divorce process.
Maine is an Equitable Distribution State
Maine follows the principle of equitable distribution when dividing marital property in a divorce. This is one of the most important things to understand — and one of the most commonly misunderstood.
Equitable does not mean equal. It means fair. A 50/50 split is one possible outcome, but Maine courts have broad discretion to divide property in whatever proportion they determine is fair given the specific circumstances of your marriage and divorce.
In practice, many Maine divorces do result in a roughly equal division of marital assets — but there are many situations where a different split is more appropriate. A spouse who sacrificed their career to raise children, a spouse who contributed a large inheritance to the marriage, or a spouse who will have significantly higher earning capacity going forward may all receive a different share than an equal split would produce.
What is Marital Property in Maine?
Before property can be divided, the court must determine what is marital property and what is separate property. Only marital property is subject to division in a Maine divorce.
Marital Property
Marital property is generally any asset or debt acquired by either spouse during the marriage, regardless of whose name it is in. This includes:
- The family home, even if only one spouse is on the mortgage or deed
- Retirement accounts and pension benefits earned during the marriage
- Bank accounts, investment accounts, and brokerage accounts
- Vehicles purchased during the marriage
- Business interests built or grown during the marriage
- Marital debts — credit cards, mortgages, student loans taken during the marriage
- Income earned by either spouse during the marriage
Nonmarital Property
Nonmarital property is property that belongs to one spouse individually and is generally not subject to division. Nonmarital property typically includes:
- Assets owned by one spouse before the marriage
- Inheritances received by one spouse, even during the marriage
- Gifts given specifically to one spouse from a third party
- Personal injury compensation for pain and suffering
However — and this is critically important — nonmarital property can become marital property through a process called commingling. If you deposit an inheritance into a joint bank account, or if both spouses contribute to the maintenance and improvement of a pre-marital home, that separate property can lose its protected status. Tracing and protecting nonmarital property claims requires careful documentation and experienced legal counsel.
What Factors Does a Maine Court Consider?
Maine law gives courts significant flexibility in determining what division of property is equitable. The specific factors a Maine court considers include:
- The contribution of each spouse to the acquisition of the marital property, including contributions as a homemaker and parent
- The value of each spouse’s separate property
- The economic circumstances of each spouse at the time of division, including their earning capacity
- The length of the marriage
- The age and health of each spouse
- The desirability of awarding the family home to the spouse who will have primary care of the children
- Tax consequences of the proposed division
- Any other factor the court finds relevant and just
No single factor is automatically controlling. Courts weigh all of these considerations together to reach a result that is fair to both parties given the full picture of the marriage.
The Family Home: What Happens to It?
The family home is often the most valuable and emotionally significant marital asset, and it is frequently the most contested issue in property division. Maine courts have several options when it comes to the marital home:
- Award the home to one spouse, with the other spouse paying out their share of equity in the home
- Order the home sold and the proceeds divided between the spouses
- Allow one spouse to remain in the home temporarily — often to avoid disrupting minor children’s living situation — with a sale and division ordered at a later date
If the home is awarded to one spouse, that spouse will typically need to refinance the mortgage in their name alone to remove the other spouse’s liability. Courts routinely include provisions in divorce decrees requiring this refinancing within a set timeframe.
Retirement Accounts and Pensions
Retirement assets accumulated during the marriage are marital property subject to division — even if they are in only one spouse’s name. This includes 401(k) accounts, IRAs, pensions, and other retirement benefits.
Dividing retirement accounts requires careful handling. Most employer-sponsored retirement plans require a specific court order called a Qualified Domestic Relations Order — commonly known as a QDRO — to divide the account without triggering taxes and penalties. Preparing a proper QDRO is a technical process that should be handled by an experienced professional.
IRAs can be divided through a process called a transfer incident to divorce, which also must be handled correctly to avoid tax consequences. Missteps in dividing retirement accounts can cost thousands of dollars in unnecessary taxes and penalties — this is an area where getting the details right matters enormously.
Business Interests in a Maine Divorce
If either spouse owns a business or has a significant interest in one, that business may be subject to division as marital property. Business valuation in divorce cases is complex and often contested. The court must determine the value of the business interest as of the date of separation or divorce, which typically requires a formal business valuation by a qualified expert.
Factors that affect business valuation include the business’s revenue, assets, liabilities, goodwill, and the extent to which the value was built during the marriage versus before it. If you own a business and are going through a divorce, protecting your business interests requires proactive legal strategy from the very beginning of the process.
Marital Debt in a Maine Divorce
Debt accumulated during the marriage is divided just like assets. Both spouses may be responsible for marital debts regardless of whose name the debt is in. Maine courts consider:
- Which spouse incurred the debt and for what purpose
- Each spouse’s ability to repay the debt
- The overall fairness of the debt allocation in context of the full property settlement
One important caution: if the divorce decree assigns a joint debt to your spouse and they fail to pay it, creditors can still pursue you for payment. The divorce decree binds you and your spouse — it does not bind your creditors. Whenever possible, joint debts should be paid off, refinanced into one spouse’s name, or otherwise resolved as part of the divorce settlement.
Frequently Asked Questions About Property Division in Maine
Can we agree on how to divide our property without going to court?
Yes — and this is almost always the better approach. Spouses can negotiate their own property settlement agreement, which the court will then review and incorporate into the final divorce decree. Negotiated settlements give both parties more control over the outcome and are typically faster and less expensive than contested litigation. Mediation is an excellent tool for reaching property settlement agreements when direct negotiation is difficult.
What if my spouse hid assets during the divorce?
Concealing assets in a divorce is both illegal and a violation of your duty of disclosure to the court. If you suspect your spouse is hiding income or assets, your attorney can use the legal discovery process — including subpoenas, depositions, and requests for financial records — to uncover them. Courts take asset concealment seriously and can impose significant sanctions on a spouse who is found to have done it.
Does fault affect property division in Maine?
Maine is a no-fault divorce state, and in most cases marital misconduct does not directly affect property division. However, if one spouse wasted marital assets — through gambling, reckless spending, or dissipation related to an affair — the court may take that into account in fashioning an equitable division.
How long does property division take in a Maine divorce?
In an uncontested divorce where the parties have reached a full agreement, property division can be finalized in as little as two to three months. In contested cases involving complex assets like businesses, retirement accounts, or real estate, the process can take a year or more. Having experienced legal representation from the start helps keep the process on track.
Protecting Your Financial Future Starts Now
Property division decisions made during your divorce will affect your financial life for years to come. At Dirigo Divorce, we help clients throughout Androscoggin County, Cumberland County, York County and southern Maine understand their rights, identify all marital assets, and fight for a fair outcome — whether through negotiation, mediation, or litigation.
We serve clients throughout York County and southern Maine, including Springvale, Sanford, Kennebunk, Biddeford, Saco, Kittery, the Berwicks and surrounding communities. We are also licensed in New Hampshire and serve clients across the Seacoast region. Call us at (207) 200-3231 or visit dirigo-divorce.com to schedule your consultation today.