Maine Property Division | ME Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

When a couple gets divorced, all property from the marriage must be sorted out by the courts. Among the many considerations to be looked at, a universal one is property division, specifically Maine property division.

A divorcing couple should not discount the guidance of a licensed attorney who works in these cases. Property division laws can be complex and lawyers have the proper training/experience to tell the judge what a divorcing spouse wants or needs from the property division.

Property Division Divorce Laws in Maine

The purpose of Maine property division laws is to make sure that marital property is allocated to each spouse equitably. Maine marital property is divided under the considerations of 19-A M.R.S. §953(1) but the trial court judge receives great discretion when converting Maine marital property into separate Maine divorce property.

Maine is an equitable distribution state. This means that with regard to Maine divorce assets, anything the spouses brought into a marriage usually will not be included in Maine divorce assets or Maine divorce property. The only property that comes into the court's distribution is that which is legally classified as property of the marriage subject to 19-A M.R.S. §953(2).

However, one's possession of separate property will be a factor in the court's distribution of marital property under Maine case law.

What is considered Marital and Non-Marital Property?

Marital property is defined as all property acquired during the marriage. There is a presumption under 19-A M.R.S. §953(3) that property acquired during the marriage is marital property regardless of how title is held.

Non-marital property is that property listed as an exemption under 19-A M.R.S. §953(2). Some of the exemptions are:

Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise or descent
The increase in value of property acquired prior to the marriage and the increase in value of a spouse's nonmarital property as defined by statute
Property acquired by a spouse after a decree of legal separation
Property acquired by gift, bequest, devise or descent
Any property classified as separate under an agreement between the parties

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The final step is the allocation of marital property.

Under 19-A M.R.S. §953(1), the court considers a number of factors in dividing assets and debt. These include:

The parties' contributions to the marriage
The parties' economic circumstances
The property's value at the time of division

Using statutory factors, judges decide how a marriage's assets should be divided. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equitably among the spouses.
- Example 1: A joint savings account has $6,000. The court would most likely award a portion of the money to each spouse.
- Example 2: A joint savings account has $6,000. One spouse contributed $4,000 and the other contributed $2,000. The amount may be divided in a 50-50 split or may be more balanced if the $2,000 contributor has fewer assets than the $4,000 contributor.
Retirement Plans: Divided based on the duration of the marriage at the time the benefits accrued, looking at the present value of the plan and/or survivor benefits.
- Example 1: A spouse got benefits in a retirement plan after working for 25 years and was married for 20 of those years. The ex-spouse would likely receive half of the retirement plan that was acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it.
Vehicles: Divided based on the values at the date determined by the court. May be sold or given to a spouse outright.
- Example 1: A motorcycle owned by one spouse is not operational. The motorcycle may be sold with the proceeds to be given to a poorer spouse or divided among the spouses in some way.
- Example 2: A car has a shared title. The car may be sold with the proceeds going to each spouse equally or the car may be given to a poorer spouse.
Insurance: Determined based upon each spouse's health, availability of alternate insurance and premium payments from marital income.
- Example 1: One spouse has covered the other under employer health insurance. The other spouse is in poor health and could not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time period and/or award a cash payment to the ill spouse to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. The court may require this to continue or the spouse may get a portion of the premium payments.

Settling Disputes in a Divorce Case with Property and Asset Division

If an asset was not included in property division, 19-A M.R.S. §953(9) permits either party to go back to court to have the property set aside or divided. Otherwise, property that was not included in the divorce is legally held by both parties as tenants in common, or 50-50.

A party may also go back to court to see a modification in the property division if there is a problem or enforcement of the order if needed. The court will decide how to proceed.

However, the trial court's determinations will not be changed by an appellate court unless there was an abuse of discretion.

Help From a Maine Property Divorce Lawyer

Retaining a Maine property divorce lawyer is key to getting the fairest result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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