An Act To Update the Law Governing Preliminary Injunctions in Judicial Separation and Divorce Actions
Maine Legislature, Session 130, LD 1102
Committee: Judiciary
Sponsors: BAILEY, CARDONE, CARNEY
Amends: 19-A MRSA §852, 19-A MRSA §903

Legislative Document
No. 1102
S.P. 363
In Senate, March 22, 2021
An Act To Update the Law Governing Preliminary Injunctions in 
Judicial Separation and Divorce Actions
Received by the Secretary of the Senate on March 18, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Representative CARDONE of Bangor and
Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §852, sub-§1, ¶B, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read:
B.  The preliminary injunction must be directed to each party to the action and must 
contain the following orders:
(1)  That each party is enjoined from transferring, encumbering, concealing, selling 
or otherwise disposing of the property of either or both of the parties, except in the 
usual course of business, for the purpose of retaining an attorney for the case or for 
the necessities of life, without the written consent of the parties or the permission 
of the court.  Each party shall notify the other party of any proposed extraordinary 
expenditures and shall account to the court for all extraordinary expenditures made 
after the preliminary injunction is in effect.  The preliminary injunction must 
explain what constitutes an extraordinary expenditure;
(2)  That each party is enjoined from imposing restraint on the personal liberty of 
the other party or of a biological or adopted child of either or both of the parties; 
and
(3)  That each party is enjoined from voluntarily removing the other party or a child 
of the parties from a policy of health insurance that provides coverage for the other 
party or the child of the parties.;
(4)  That each party is required to maintain all health, property, life and other 
insurance that the individual is carrying on any member of the family and to 
cooperate as necessary in the filing and processing of claims.  Any employer-
provided health insurance in effect remains in effect for all family members;
(5)  That each party is enjoined from canceling, altering or in any manner affecting 
any casualty, automobile or health insurance policies insuring the parties' property 
or persons;
(6)  That each party is enjoined from withdrawing or borrowing in any manner all 
or any part of the cash surrender value of any life insurance policies on either party 
or their children;
(7)  That each party is enjoined from changing or in any manner altering the 
beneficiary designation on any life insurance policies on the life of either party or 
any of their children;
(8)  That each party is enjoined from making any withdrawal for any purpose from 
any retirement, profit-sharing, pension, death or other employee benefit plan or 
employee savings plan or from any individual retirement account or qualified, or 
"Keogh," retirement account;
(9)  That each party is enjoined from intentionally or knowingly damaging or 
destroying the tangible property of the parties, or of either of them, specifically 
including, but not limited to, any electronically stored materials, electronic 
communications, social network data, financial records and any document that 
represents or embodies anything of value;
(10)  That each party is enjoined from opening or diverting mail addressed to the 
other party; and
(11)  That each party is enjoined from signing or endorsing the other party's name 
on any negotiable instrument, check or draft, such as tax refunds, insurance 
payments and dividends, or attempting to negotiate any negotiable instruments 
payable to either party without the personal signature of the other party.
Sec. 2.  19-A MRSA §903, sub-§1, ¶B, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read:
B.  The preliminary injunction must be directed to each party to the action and must 
contain the following orders:
(1)  That each party is enjoined from transferring, encumbering, concealing, selling 
or otherwise disposing of the property of either or both of the parties, except in the 
usual course of business, for the purpose of retaining an attorney for the case or for 
the necessities of life, without the written consent of the parties or the permission 
of the court.  Each party shall notify the other party of any proposed extraordinary 
expenditures and shall account to the court for all extraordinary expenditures made 
after the preliminary injunction is in effect.  The preliminary injunction must 
explain what constitutes an extraordinary expenditure;
(2)  That each party is enjoined from imposing restraint on the personal liberty of 
the other party or of a biological or adopted child of either or both of the parties; 
and
(3)  That each party is enjoined from voluntarily removing the other party or a child 
of the parties from a policy of health insurance that provides coverage for the other 
party or the child of the parties.;
(4)  That each party is required to maintain all health, property, life and other 
insurance that the individual is carrying on any member of the family and to 
cooperate as necessary in the filing and processing of claims.  Any employer-
provided health insurance in effect remains in effect for all family members;
(5)  That each party is enjoined from canceling, altering or in any manner affecting 
any casualty, automobile or health insurance policies insuring the parties' property 
or persons;
(6)  That each party is enjoined from withdrawing or borrowing in any manner all 
or any part of the cash surrender value of any life insurance policies on either party 
or their children;
(7)  That each party is enjoined from changing or in any manner altering the 
beneficiary designation on any life insurance policies on the life of either party or 
any of their children;
(8)  That each party is enjoined from making any withdrawal for any purpose from 
any retirement, profit-sharing, pension, death or other employee benefit plan or 
employee savings plan or from any individual retirement account or qualified, or 
"Keogh," retirement account;
(9)  That each party is enjoined from intentionally or knowingly damaging or 
destroying the tangible property of the parties, or of either of them, specifically 
including, but not limited to, any electronically stored materials, electronic 
communications, social network data, financial records and any document that 
represents or embodies anything of value;
(10)  That each party is enjoined from opening or diverting mail addressed to the 
other party; and
(11)  That each party is enjoined from signing or endorsing the other party's name 
on any negotiable instrument, check or draft, such as tax refunds, insurance 
payments and dividends, or attempting to negotiate any negotiable instruments 
payable to either party without the personal signature of the other party.
SUMMARY
This bill amends the law governing preliminary injunctions issued in judicial 
separation and divorce actions.  It requires the preliminary injunction to provide more 
accountability about financial transactions of the parties and prohibits both parties from 
making changes to life, casualty, automobile or health insurance or making any 
withdrawals from retirement or other plans or accounts.  It also prohibits both parties from 
intentionally or knowingly damaging or destroying property, including electronically 
stored materials or data.  It prohibits both parties from opening or diverting mail addressed 
to the other party.  It prohibits both parties from signing or endorsing the other party's name 
on any negotiable instrument, check or draft.