How to Enforce a Divorce Decree in Maine

A divorce decree is a court order. When your ex-spouse ignores it — refusing to transfer property, skipping support payments, withholding access to retirement accounts, or violating custody terms — the court has tools to compel compliance. But those tools don't activate automatically. You have to file the right motion.

Two Enforcement Paths: Enforcement vs. Contempt

Maine family courts offer two distinct enforcement mechanisms, and choosing the right one depends on what you're trying to accomplish.

Motion to Enforce (Form FM-070)

A Motion to Enforce asks the court to order your ex to do what the decree already requires. It's the less adversarial option — you're telling the judge "the decree says X should happen, it hasn't happened, please make it happen."

This motion is appropriate when:

• Your ex hasn't transferred a vehicle title or signed a quitclaim deed
• A QDRO hasn't been executed as required
• Personal property hasn't been exchanged
• A refinancing deadline has passed without action

The court can order specific performance (forcing the action), set a compliance deadline, and award attorney's fees if your ex's non-compliance was unreasonable.

Motion for Contempt (Form FM-068)

A Motion for Contempt is more serious. You're asking the court to find your ex in contempt of court — meaning they willfully disobeyed a court order. Contempt carries potential penalties including fines and, in extreme cases, jail time.

This motion is appropriate when:

• Support payments are chronically late or have stopped entirely
• Your ex is deliberately defying specific court orders
• Previous enforcement orders have been ignored

The burden of proof is higher for contempt. You must demonstrate by clear and convincing evidence that your ex knew about the court order, had the ability to comply, and willfully chose not to. "I forgot" or "I couldn't afford it" can be valid defenses if supported by evidence.

How to File

Both motions are filed with the same Maine District Court that entered your original divorce judgment.

1. Obtain the correct form — FM-070 (enforcement) or FM-068 (contempt) — from the Maine Judicial Branch website or the court clerk's office
2. Complete the form detailing the specific provisions of the decree being violated and the facts showing non-compliance
3. File with the court and pay the applicable filing fee
4. Serve your ex-spouse with a copy of the motion and the notice of hearing — proper service is required
5. Attend the hearing with documentation: your certified divorce decree, evidence of non-compliance (bank statements, correspondence, photos), and a timeline of events

For Support Enforcement: DSER Can Help

If the violation involves child support, you don't necessarily need to file a motion yourself. Maine's Division of Support Enforcement and Recovery (DSER) has administrative enforcement tools that don't require going back to court:

• Wage withholding through the employer
• Bank account liens for arrears exceeding 30 days
• Tax refund intercepts (federal and state)
• License suspension — driver's, professional, and recreational — for arrears exceeding 60 days
• Garnishment of up to 65% of unemployment benefits

Contact DSER through the Maine Department of Health and Human Services to open an enforcement case.

What the Court Can Order

If the court finds in your favor, available remedies include:

• Ordering specific compliance by a set date
• Awarding you attorney's fees and court costs
• Imposing fines for ongoing non-compliance
• Modifying the original order to account for changed circumstances
• Ordering wage withholding for support obligations
• In contempt cases, imposing jail time as a coercive measure (uncommon but available)

The Maine After-Divorce Checklist includes an enforcement and safety guide covering both the FM-070 and FM-068 filing processes.

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