How Maine Divides Property in Divorce (2026)

Maine is an equitable distribution state (19-A M.R.S. § 953). The court divides marital property fairly based on all relevant circumstances — not necessarily 50/50.

Marital vs. Non-Marital Property

Marital Property — Subject to Division

All property acquired by either spouse during the marriage is marital property:

• Wages and salaries earned during the marriage
• Real estate purchased with marital funds
• Retirement contributions made during the marriage
• Vehicles, bank accounts, and personal property acquired with marital funds
• Business interests built during the marriage

Non-Marital Property — Generally Stays With Owner

Property is non-marital if:

• Owned by one spouse before the marriage
• Received as a gift by one spouse (even during the marriage)
• Received as an inheritance by one spouse (even during the marriage)
• Acquired after the Complaint is filed
• Property acquired in exchange for non-marital property (and kept separate)

Commingling risk: Mixing non-marital funds with marital assets can convert non-marital property to marital property. Document all non-marital property carefully.

Equitable Distribution Factors (19-A M.R.S. § 953)

Maine courts weigh all relevant factors, including:

1. The contribution of each spouse — including contributions as homemaker and to the other's career
2. The value of non-marital property assigned to each spouse
3. The economic circumstances of each spouse at the time of division
4. The length of the marriage
5. Any opportunity for future acquisition of capital and income
6. Any other relevant factor

Spousal Support — Maine (19-A M.R.S. § 951-A)

Maine courts may award three types of spousal support:

• General support: For marriages of long duration; ongoing support
• Transitional support: Time-limited; helps the lower-earning spouse transition
• Reimbursement support: Compensates one spouse for contributions to the other's education or career

Factors include marriage duration, earning capacity, health, standard of living, and contributions.

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required after Final Judgment. Marital portion = contributions from date of marriage to date of separation.
• MainePERS (Maine state employees): Contact Maine Public Employees Retirement System — mainepers.org — for domestic relations order procedures.
• IRAs: Transfer incident to divorce — Judgment language; direct rollover.

Real Estate — Maine Registry of Deeds

Maine real property records are maintained by the Registry of Deeds in each county.

1. Prepare a Quitclaim Deed (or Warranty Deed)
2. Execute and notarize
3. Record at the Registry of Deeds of the county where the property is located
4. Fee: approximately $20 per page
5. Maine does not impose a transfer tax on divorce-related transfers between spouses — confirm with the Registry

Last reviewed: March 2026 | Equitable distribution (19-A M.R.S. § 953) | Non-marital = pre-marital/gifts/inheritances | Spousal support: general/transitional/reimbursement (19-A M.R.S. § 951-A) | QDRO for employer plans | MainePERS DRO | Maine Registry of Deeds — county-level | courts.maine.gov | ptla.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.