Maine Spousal Support Formula 2026: Public Law Chapter 571 Explained

On March 19, 2026, the Governor signed Legislative Document 2142 (Public Law Chapter 571), introducing a formulaic calculation for general spousal support in Maine. This is the most significant change to Maine alimony law in decades — replacing pure judicial discretion with a structured, rebuttable presumption that gives both spouses a predictable baseline for negotiations.

The formula does not eliminate judicial discretion. It establishes a mathematical starting point that either spouse can argue should be adjusted upward or downward based on the specific facts of their case.

Step 1: Calculate Spousal Support Income

The formula uses a new statutory construct called "spousal support income" — each spouse's gross income adjusted for child support obligations. Child support is calculated first and takes priority.

For the child support payor: Gross income minus the annual child support obligation paid.

For the child support recipient: Gross income minus the amount they are determined to spend directly on the children (from the child support worksheet).

If there are no children: Spousal support income equals gross income.

Gross income is defined broadly under the child support statute (19-A M.R.S. § 2001(5)) and includes wages, salary, commissions, bonuses, self-employment income, investment returns, rental income, retirement distributions, and most other sources of regular income.

Step 2: Test the Entitlement Threshold

General support is rebuttably presumed appropriate when both conditions are met:

1. The marriage lasted at least 10 years (measured from the marriage date to the date the divorce complaint was filed)
2. The lower-earning spouse's spousal support income is 65% or less of the higher-earning spouse's spousal support income

If the lower earner makes more than 65% of the higher earner's income, the presumption flips — general support is presumed not warranted.

If the marriage lasted less than 10 years, there is also a presumption against general support. But this can be overcome if denying support would cause a "substantial injustice" — such as a spouse who left a career to raise children during a 7-year marriage.

Step 3: Calculate the Presumptive Amount

The annual support amount is calculated by multiplying the income difference by a marriage-length durational factor:

Durational factor = years of marriage × 0.015 (capped at 0.30)

The cap is reached at 20 years of marriage, meaning the maximum presumptive support rate is 30% of the income difference.

Presumptive annual support = (higher earner's spousal support income − lower earner's spousal support income) × durational factor

Example

• Marriage length: 15 years
• Higher earner's spousal support income: $120,000
• Lower earner's spousal support income: $45,000
• Entitlement test: $45,000 ÷ $120,000 = 37.5% (below 65% → presumed entitled)
• Durational factor: 15 × 0.015 = 0.225
• Income difference: $120,000 − $45,000 = $75,000
• Presumptive annual support: $75,000 × 0.225 = $16,875 per year ($1,406/month)

Step 4: Determine Duration

The presumptive duration depends on how long the marriage lasted:

• 10 to 20 years: Support duration is presumed not to exceed half the marriage length (a 16-year marriage → up to 8 years of support)
• 20+ years: Support duration is presumed to be indefinite

Overcoming the Presumptions

Both the amount and duration are rebuttable presumptions, not absolute rules. Under § 951-A(2)(A)(2), either spouse can argue that the resulting award would be "inequitable or unjust."

To deviate from the formula, the court must issue explicit written findings analyzing the 17 statutory factors in § 951-A(5) — including age, health, education, employment history, homemaker contributions, retirement provisions, and economic misconduct.

Common reasons courts deviate:

• Upward: The lower earner has serious health problems limiting employability, gave up a career for a much longer period than the marriage length suggests, or suffered economic abuse
• Downward: The lower earner has substantial separate property or earning potential, the higher earner has unusually high expenses (like supporting children from a prior marriage), or the marriage length barely clears the 10-year threshold with minimal income disparity

What This Means for Settlement Negotiations

The formula gives both spouses and their attorneys a concrete number to work from. Instead of arguing in the abstract about what is "fair," you can calculate the presumptive amount and then negotiate adjustments based on your specific circumstances.

For spouses preparing for mediation, running the calculation in advance lets you walk in with a clear picture of what a judge would likely order — and negotiate from a position of knowledge rather than anxiety.

The Maine Divorce Financial Split Guide includes a step-by-step spousal support calculation worksheet implementing the full 2026 formula, plus a factor analysis checklist for identifying grounds to argue for deviation — so you can present a documented, numbers-backed position at mediation.

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