By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 18, 2024
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Maine, like most states, is an equitable distribution state. All property acquired by one or both spouses becomes marital property during a marriage. In a divorce or legal separation, the marital property belongs to both spouses. They must divide it fairly. Maine divorce courts divide property regardless of the name on the title. If they purchased it with marital funds, it belongs to both spouses.
A few states, like California, are community property states. In these states, spouses divide marital property equally. Divorce laws in these states require that both spouses receive an equal amount during the division of property.
Marital property rights become important if a spouse dies without a will (intestate). In Maine, unlike other states, the surviving spouse isn’t automatically entitled to the decedent's marital and non-marital property (Maine Code Revised Title 18-C, §2-102). Maine has not enacted the Uniform Disposition of Community Property Rights at Death Act. This model rule protects the community property rights of couples who move to Maine from community property states.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.
Each state has its own laws classifying marital and separate property. In general, marital property is property acquired during the marriage. Separate property is everything that a spouse brings into the marriage or acquires in specific ways during the marriage.
The marital property belongs to both spouses and is subject to equitable division. In Maine, marital property includes:
Separate property remains the property of the spouse who acquired it, including:
Improvements or increases to marital property are assets subject to equitable division. A spouse claiming this as separate property must provide evidence that the increase was due to separate funds and that they are due reimbursement from the community.
The statutory language doesn’t refer to "marital debt" specifically, but courts treat debts like all other property. Debt acquired before the marriage is the separate property of the spouse who acquired it. Debts acquired during the marriage or for the benefit of the marital estate are equitably divided.
Couples in Maine can divide their marital assets before the divorce with a prenuptial agreement or other arrangement. The judge will approve the agreement unless it is grossly unfair to one partner. If the spouses cannot agree, the judge divides the property, considering all relevant factors, including the following:
Fault, such as domestic violence or adultery, is not a factor in determining property division. However, the judge can consider economic abuse (Title 19-A. § 953(1D) during the division of marital property.
Don't tackle your divorce alone. If you need information about property rights during marriage or divorce, get legal assistance from a knowledgeable Maine divorce lawyer.
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