Where can I find the Maine statutory provisions dealing with division of property in a divorce?
The statutory provisions are set forth in 19-A M.R.S.A. § 953, which is linked through this site.
What is marital property?
Under Maine law, the term "marital property" means all property acquired by either spouse after the marriage except:
(a) property acquired by gift, bequest, devise or descent;
(b) property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise or descent;
(c) property acquired by a spouse after a decree of legal separation;
(d) property excluded by valid agreement of the parties; and
(e) the increase in value of property acquired before the marriage.
Is Maine considered a "community property" state or an "equitable division" state?
Maine is not a community property state. In a proceeding for divorce, a Maine court must set apart to each spouse the spouse's non-marital property and must divide the marital property in proportions the court considers just and equitable after considering all factors relevant to property division. The court is not necessarily required to divide the property equally. Maine law recognizes at least three factors considered relevant to property division:
(a) the contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
(b) the value of the property set apart to each spouse; and
(c) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the house having custody of children.
The statutory requirements for the disposition of property may be found at 19-A M.R.S.A. § 953(1).
If property was acquired after the marriage, but title to the property is held in the name of one spouse only, is it still marital property?
All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.
What do I have to do to show the court that property acquired after the marriage should not be considered marital property?
The presumption that property acquired after the marriage is not marital property is overcome by a showing that the property fits into one of the exceptions set forth in the definition of marital property found in 19-A M.R.S.A. § 953(2). The party arguing that the property is non-marital has the burden of proving the non-marital status of the property to the court by "clear and convincing evidence."
