Maine Divorce Property Division

System
Equitable Distribution
Default Split
50 / 50
Governing Statute
19-A M.R.S. §953

What the Law Says

Maine courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.

Maine divides marital property equitably, with courts using broad discretion to achieve a fair outcome. Courts consider each party's contribution, economic circumstances, and the length of the marriage.

Statutory Factors (19-A M.R.S. §953)

Maine courts are required to consider:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Common Questions

Maine: community property or equitable distribution?

Equitable distribution. Under 19-A M.R.S. §953, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.

What factors does a Maine court weigh?

19-A M.R.S. §953 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.

Does Maine split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Maine's equitable distribution rules on your actual assets and debts.

Try the Calculator

Source: 19-A M.R.S. §953 AI draft · Full law library entry