Maine is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, in a divorce. Determining what happens to the marital home involves considering factors such as each spouse’s contributions to the acquisition, maintenance, and improvement of the property, the length of the marriage, and the economic circumstances of each spouse. For example, a judge might award the house to the spouse who will have primary custody of the children, particularly if that spouse has a lower income.
A clear understanding of Maine’s property division laws is essential for anyone navigating a divorce. These laws aim to achieve a just and equitable outcome for both parties. Historically, Maine, like many other states, operated under common-law property rules that often favored men. The shift to equitable distribution reflects a more modern approach that recognizes the contributions of both spouses to the marriage and seeks a fairer result. This legal framework offers a degree of predictability and protection for divorcing individuals, ensuring their rights and interests are considered.