Maine is an equitable distribution state. The court divides marital property fairly based on statutory factors under 19-A MRSA §953. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
19-A MRSA §953
Primary Statute
6-month residency
Min. Residency
Maine is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under 19-A MRSA §953, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: 19-A MRSA §953
Pre-marital, gifts, inheritances are separate (must trace).
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Contribution including homemaker
Value of property set apart
Economic circumstances
Family home for custodial parent
"Just" proportions.
No 50/50 presumption.
4 factors.
Family home preference for custodial parent.
Enter your assets, debts, and situation. Get a personalized property division estimate based on Maine law.
Maine is a equitable distribution state. "Just" proportions — no 50/50 presumption. The primary statute governing property division is 19-A MRSA §953. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Pre-marital, gifts, inheritances are separate (must trace).
No. Maine is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
Maine has several unique features: "Just" proportions. No 50/50 presumption.
Get a personalized property division analysis based on Maine's equitable distribution laws.
Start My Free MaineEstimate →This tool provides educational estimates based on Maine equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Maine family law attorney before making decisions. Primary statute: 19-A MRSA §953.