If you’re preparing for a divorce, there are some factors you’re likely already anticipating, such as navigating finances, division of property, or parental responsibilities. Every situation is unique, but in Maine there are several additional factors that can influence the outcome of a divorce, including pets, seasonal property, and spousal support.
Custody of pets
In many families, pets – legally referred to as “companion animals” – are more than just property. They are deeply valued members of the family. As a result, disputes over pets in divorce can resemble custody battles involving children. Recognizing a growing number of these disputes and no clear legal guidance, Maine enacted legislation in 2021 titled “An Act to Provide for the Well-Being of Companion Animals upon the Dissolution of Marriages.” Modeled in part on child custody principles, the law incorporates a similar best interest of the pet analysis. Under this framework, courts are required to consider the well-being of the pet when determining ownership in a divorce.
When companion animals are involved, courts consider:
- Who primarily cared for the pet
- The pet’s basic daily needs
- Each party’s ability to continue providing care for the pet
- The emotional attachment of any children involved, including the benefit of keeping the pet in the child’s primary residence
Notably, there are no formal shared custody arrangements when it comes to companion animals – courts must award ownership of the pet to only one party. However, the other party may seek visitation rights.
Seasonal property & family camps
In Maine, camps and seasonal homes are uniquely significant. Whether they’ve been in the family for generations or became part of the marriage along the way, these properties are often about more than just financial value – they’re deeply personal.
From a legal standpoint, several key questions tend to come up:
- Was the property inherited or acquired during the marriage?
- Were marital funds used to maintain or improve it?
- How has each spouse used or contributed to the property over time?
Even when a camp starts as separate property, things like renovations, shared expenses, and marital labor invested over time, create marital value in the property that must be valued and divided. Negotiations are further complicated by tradition and family ties, making resolution more difficult than people anticipate.
Spousal support
There is a rebuttable presumption under Maine Law that the higher earning spouse owes spousal support (also known as “alimony” in other states) at divorce if the parties were married 10 years or longer.
Spousal support in Maine is intended to help address financial imbalance after divorce, but the type, amount, and duration of support can vary depending on the circumstances of the marriage and each spouse’s financial situation.
There are different types of spousal support in Maine, including:
- General support, which is designed to help a spouse with substantially lower earning capacity maintain a reasonable standard of living after divorce
- Transitional support, which provides short-term financial assistance while the lower-earning spouse regains financial stability or reenters the workforce after time spent caring for children or managing the household
In determining an award of spousal support, Maine courts may consider factors such as:
- The length of the marriage
- Each spouse’s income and earning capacity
- Age and health of the parties
- Employment history and education
- Contributions to the household or family, including caregiving responsibilities
- The standard of living established during the marriage
If spousal support is ordered, the order will include a termination date or conditions for termination. However, support orders may be modified after divorce if there is a substantial change in financial circumstances and the court determines that justice requires the modification.
Because spousal support decisions are highly fact-specific, understanding how Maine courts evaluate these issues can be an important part of preparing for divorce.
Why these factors matter
Divorce in Maine isn’t just about dividing assets. It often involves personal, financial, and practical considerations that aren’t obvious at the outset. Identifying these factors early can help reduce conflict and lead to more workable outcomes.
If you’re beginning to consider divorce, understanding the full picture early can make a meaningful difference and prepare you for the path ahead. Murray Plumb & Murray’s family law attorneys can help you navigate whatever circumstances apply in your case.
