An Act To Amend the Laws Governing the Award of Spousal Support in Divorce Actions
Maine Legislature, Session 126, LD 0548
Committee: Judiciary
Sponsors: JOHNSON, YOUNGBLOOD, BEAULIEU, BENNETT, CAMPBELL, CROCKETT
Amends: 19-A MRSA §951-A

Legislative Document 
No. 548 
H.P. 367 
House of Representatives, February 19, 2013 
An Act To Amend the Laws Governing the Award of Spousal 
Support in Divorce Actions 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative JOHNSON of Eddington. 
Cosponsored by Senator YOUNGBLOOD of Penobscot and 
Representatives: BEAULIEU of Auburn, BENNETT of Kennebunk, CAMPBELL of 
Orrington, CROCKETT of Bethel. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §951-A, sub-§2, as enacted by PL 1999, c. 634, §3, is 
amended to read: 
2.  Types of spousal support.  The court may, after consideration of all factors set 
forth in subsection 5, award or modify spousal support for one or more of the following 
reasons. 
A.  General Transitional support may be awarded to provide financial assistance to a 
spouse with substantially less income potential at the time of the divorce than the 
other spouse so that both spouses can maintain have sufficient time to establish a 
reasonable standard of living and self-sufficiency after the divorce. 
(1)  There is a rebuttable presumption that general support may not be awarded if 
the parties were married for less than 10 years as of the date of the filing of the 
action for divorce.  There is also a rebuttable presumption that general 
Transitional support may not be awarded for a term exceeding 1/2 the length of 
the marriage if the parties were married for at least 10 years but not more than 20 
years as of the date of the filing of the action for divorce. 
(2)  If the court finds that a spousal support award based upon a presumption 
established by this paragraph would be inequitable or unjust, that finding is 
sufficient to rebut the applicable presumption. Notwithstanding the period 
established in subparagraph (1), transitional support terminates upon: 
(a)  Death of either party; 
(b)  Remarriage of the party receiving transitional support; 
(c)  Either party's reaching full retirement age as defined in the United States 
Social Security Act of 1935, as amended; or 
(d)  Cohabitation by the party receiving transitional support in a household in 
which that party receives support, other than transitional support, for more 
than one year. 
(3)  An award of transitional support may be modified during the term of the 
award for a significant change, as determined by the court, in the circumstances 
of either party other than a change under subparagraph (2). 
B.  Transitional Rehabilitative support may be awarded to provide for a spouse's 
transitional special short-term needs, including, but not limited to: 
(1)  Short-term needs resulting from financial dislocations associated with the 
dissolution of the marriage; or 
(2)  Reentry or advancement in the work force, including, but not limited to, 
physical or emotional rehabilitation services, vocational training and education. 
Rehabilitative support may not be awarded for more than 4 years, starting from the 
date of the filing of the action for divorce. 
C.  Reimbursement support may be awarded to achieve an equitable result in the 
overall dissolution of the parties' financial relationship in response to exceptional 
circumstances.  Exceptional circumstances include, but are not limited to: 
(1)  Economic misconduct by a spouse; and 
(2)  Substantial contributions a spouse made towards the educational or 
occupational advancement of the other spouse during the marriage. 
Reimbursement support may be awarded only if the court determines that the parties' 
financial circumstances do not permit the court to fully address equitable 
considerations through its distributive order pursuant to section 953. 
D.  Nominal support may be awarded to preserve the court's authority to grant 
spousal support in the future. 
E.  Interim support may be awarded to provide for a spouse's separate support during 
the pendency of an action for divorce or judicial separation. 
SUMMARY 
This bill makes the following changes regarding spousal support in divorce actions. 
1.  It renames "general support" as "transitional support." 
2.  It removes the rebuttable presumption against an award of transitional support for 
marriages shorter than 10 years in duration. 
3.  It provides for an end to transitional support if either party dies or reaches normal 
retirement age or if the party receiving support remarries or cohabits with someone for 
more than one year. 
4.  It provides that an award of transitional support may be modified for any other 
significant change in circumstances of either party. 
5.  It renames "transitional support" as "rehabilitative support" and limits the award of 
rehabilitative support to 4 years from the date the divorce action is filed. 
6.  It eliminates the ability of the court to award nominal support.