Divorce in Maine (2026)

Maine’s Five Types of Spousal Support

One of the most distinctive features of Maine divorce law is the state’s recognition of five separate types of spousal support under 19-A MRSA Section 951-A. This framework provides Maine courts with unusual precision in tailoring support to the circumstances of each case:

• General support — Addresses ongoing economic disparity between the spouses. May be awarded for a defined term or indefinitely depending on the circumstances, particularly the length of the marriage and the economic gap between the parties.
• Transitional support — Helps a spouse adjust to the economic consequences of divorce by providing short-term assistance while the spouse establishes financial independence.
• Reimbursement support — Compensates a spouse who made economic sacrifices to support the other spouse’s education, training, or career development during the marriage. This type directly addresses situations where one spouse put the other through school or funded professional training.
• Nominal support — Preserves the court’s jurisdiction to award support in the future if circumstances change. This type is particularly useful when future needs are uncertain.
• Interim support — Temporary support awarded while the divorce is pending.

Most states recognize two or three types of spousal support. Maine’s five-category system gives courts a level of nuance that is uncommon nationally.

Grounds for Divorce

Maine recognizes both no-fault and fault-based grounds for divorce under 19-A MRSA Section 902:

• Irreconcilable marital differences (no-fault) — the most commonly used ground
• Adultery
• Impotence
• Extreme cruelty
• Utter desertion continued for three consecutive years
• Gross and confirmed habits of intoxication from use of liquor or drugs
• Cruel and abusive treatment
• Nonsupport — when a spouse with sufficient ability or earning capacity grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance

Most divorces in Maine are filed on no-fault grounds, which simplifies the process. However, fault-based grounds remain available, and certain forms of misconduct may be relevant to property division or spousal support determinations.

For a broader overview of the divorce process, see our complete guide to divorce.

Residency Requirements

To file for divorce in Maine, at least one spouse must have been a resident of Maine for six months before filing. Alternatively, if the marriage was performed in Maine and one spouse has resided in the state continuously since the marriage, the six-month requirement may be satisfied. The divorce is filed in the District Court of the division where either spouse resides.

No Waiting Period

Maine does not impose a mandatory waiting period between filing and finalization of a divorce. Once all issues are resolved and the court approves the agreement or renders its decision, the divorce may be finalized without a prescribed delay. This is a practical advantage for couples who have already worked through their issues before filing — an uncontested divorce in Maine can move through the system relatively quickly.

Filing Fees and Costs

The filing fee for a divorce in Maine is approximately $120 — one of the lower filing fees nationally. Fee waivers are available for individuals who cannot afford the fee by filing an Application to Proceed Without Payment of Fees. Additional costs may include service of process, mediation fees, and attorney fees.

Property Division: Equitable Distribution

Maine follows the equitable distribution model under 19-A MRSA Section 953. The court divides marital property in a manner that is just and equitable, though not necessarily equal. Marital property generally includes assets and debts acquired during the marriage, while property acquired before the marriage, by gift, or by inheritance is typically considered non-marital.

Factors the court considers include:

• Each spouse’s contribution to the acquisition of marital property, including homemaking contributions
• The value of each spouse’s separate property
• The economic circumstances of each spouse at the time of division
• The desirability of awarding the family home to the spouse with primary residential responsibility for the children
• Any other factors the court considers just and proper

Maine courts have broad discretion in dividing property, and outcomes depend heavily on the specific facts of each case.

Joint Filing Option

Maine offers a procedural option that not all states provide: both spouses may file jointly for divorce. Under this approach, the spouses work together to file a single Complaint for Divorce rather than one spouse filing against the other. The joint filing option is well-suited for uncontested divorces where both parties have already reached agreement on the major issues. It can reduce costs, simplify the process, and set a cooperative tone from the outset.

This option reinforces Maine’s broader policy emphasis on cooperation in family law matters, consistent with the state’s mandatory mediation requirements in contested custody cases and the use of “parental rights and responsibilities” terminology.

The Maine Divorce Process

1. Filing — One spouse files a Complaint for Divorce with the District Court, or both spouses may file jointly.
2. Service — The complaint must be served on the other spouse.
3. Case Management Conference — The court schedules a conference to identify issues and set a timeline for the case.
4. Mediation — If the case involves minor children and is contested, the court requires mediation before proceeding to hearing.
5. Discovery — Both parties exchange financial information and relevant documents.
6. Settlement or Trial — The parties may reach a settlement at any point. If issues remain contested, the court holds a trial.
7. Final Judgment — The court enters a Judgment of Divorce.

When to Consult an Attorney

Maine’s no-fault system streamlines the process of obtaining a divorce, but the equitable distribution of property and the five distinct types of spousal support require careful analysis of your financial circumstances. If your case involves significant assets, complex financial holdings, or disagreements about spousal support, consulting with a Maine family law attorney is advisable. You can request a free consultation to discuss your options.

Frequently Asked Questions

What are the residency requirements for a Maine divorce?

At least one spouse must have been a resident of Maine for six months before filing. Alternatively, if the marriage was performed in Maine and one spouse has resided in the state continuously since, the requirement is also satisfied. The case is filed in the District Court of the division where either spouse resides.

Is Maine a community property or equitable distribution state?

Maine follows equitable distribution under 19-A MRSA Section 953. The court divides marital property in a manner that is just and equitable, though not necessarily equal. Pre-marriage assets, gifts, and inheritances are generally considered non-marital property and excluded from division.

Does Maine have a waiting period for divorce?

No. Maine does not impose a mandatory waiting period between filing and finalization. Once all issues are resolved and the court approves the agreement or renders its decision, the divorce may be finalized without a prescribed delay. Timing depends on the court’s schedule and case complexity.

Is Maine a no-fault divorce state?

Maine offers no-fault divorce, but it is not exclusively no-fault. The most common ground is irreconcilable marital differences, but 19-A MRSA Section 902 also provides seven fault-based grounds, including adultery, impotence, extreme cruelty, utter desertion, gross intoxication habits, cruel and abusive treatment, and nonsupport.

Can both spouses file for divorce together in Maine?

Yes. Maine allows joint filing, where both spouses submit a single Complaint for Divorce rather than one spouse filing against the other. This option works well for uncontested divorces where the parties have already agreed on major issues and want to keep the process cooperative.

What is reimbursement support in Maine?

Reimbursement support is one of Maine’s five types of spousal support. It compensates a spouse who made economic sacrifices — such as working to support the family while the other spouse attended school — to support the other spouse’s education, training, or career advancement during the marriage. It recognizes that one spouse’s financial contribution to the other’s professional development should be accounted for in the divorce.

How This Guide Was Researched

This guide was developed through a detailed review of 19-A MRSA Chapter 29 (dissolution of marriage), Section 902 (grounds for divorce), Section 953 (equitable distribution), and Section 951-A (the five types of spousal support). We consulted the Maine Judicial Branch’s Divorce and Family Separation resources, the Maine Courts self-help center publications, and the Maine Legislature’s online statutory database. Additional context was drawn from Maine State Bar Association family law practice materials and Pine Tree Legal Assistance publications that explain Maine divorce procedures for self-represented litigants.

Sources and Legal References

• 19-A MRSA Chapter 29 — Dissolution of marriage, including procedural requirements
• 19-A MRSA Section 902 — Grounds for divorce (no-fault and seven fault-based grounds)
• 19-A MRSA Section 953 — Equitable distribution of marital property, including factors
• 19-A MRSA Section 951-A — Five types of spousal support (general, transitional, reimbursement, nominal, interim)
• 19-A MRSA Chapter 55 — Parental rights and responsibilities (relevant when children are involved)

Official Maine Resources

• Maine Judicial Branch — Families & Children
• Maine Judicial Branch — Divorce and Family Separation
• Maine Legislature — Title 19-A: Domestic Relations

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Maine divorce process — Detailed walkthrough of the Maine divorce process
• Child support in Maine — How Maine calculates child support
• Child custody in Maine — Parental rights and responsibilities framework
• Mediation vs. litigation — Comparing dispute resolution approaches
• How alimony works — National overview of spousal support
• Equitable distribution explained — How equitable distribution compares to community property
• Divorce cost estimator — Estimate your total divorce costs