An Act to Establish
Maine Legislature, Session 132, LD 2142
Committee Amendment CA_A_S517 (Senate)
Amends: 19-A MRSA §951-A, 19-A MRSA §95

COMMITTEE AMENDMENT " A " to S.P. 860, L.D. 2142, "An Act to Establish
Guidance for Awarding General Spousal Support"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 19-A MRSA §951-A, sub-§l-A is enacted to read:
1-A. Definitions. As used in this section, unless (he context otherwise indicates, the
followme terms have the followine meanines.
A. "Length of the marriaee" means the leneth of time fi'om the date that the parties
were married to the date of the filing of the action for divorce.
B, "Spousal supoort income" means, with respect to each party and regardless of
whether there are any children of the marriage, the party's eross income, as defmed in
section 2001. subsection 5. less. for a party who is a child support oblieee. any amount
the party is determined to spend directly in support of the minor child or children of
the marriaee as reflected on the child support worksheet and less. for a party who is a
child support oblieor. any amount the party is obligated to pay directly in supoort of
the minor child or children of the marriage as reflected on the child support worksheet,
See. 2. 19-A MRSA §951-A, sub-§2, as amended by PL 2023,c.646,Pt. C,§1, is
further amended to read:
2. Types of spousal support. The court may, after consideration of the facts of the
case and of all factors set forth in subsection 5, award or modify spousal support fe? on one
or more of the following reasons grounds.
A. General support may be awarded to provide fiDanoiul aosiotanoo to u spouoo with
substantially less income potential than the other spouse BO that both spouses can
maintain a reaGonable standard of living after the divoroe allocate equitably between
spouses financial losses that either or both mav incur due to dissolution of a marriaee
of a significant length wheu the familv is divided into separate economic units. A
spouse married to someone with significantly ereater income or eamine capacity is
COMMITTEE AMENDMENT
ROS
l"toS.P.860,L.D.2142(^>"'~
COMMITTEE AMENDMENT " <M " to S.P. 860, L.D. 2142
entitled at the dissolution of the marriaee to compensation for a portion of the decrease
in the standard oflivina the spouse would otherwise experience, if the leaethof_the
marriage is of sufficient duration that equity requires that some portion of the loss be
treated as the spouses' loint responsibility.
(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 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. There is a rebuttable presumption that general
support must be awarded for an indefinite period if the parties were married for
more than 20 years as of the date of the filing of the action for divorce.
fl-AI There is a rebuttable Dresuinotion that a spouse is entitled to an award of
general suooort if the parties have been married for at least 10 years as of the date
of the filing of the action for divorce and if that spouse's spousal suDport income
as of the date of the filine of the action for divorce is equal to or less than 65% of
the other spouse's spousal suooort income as of the date of the filing of the action
for divorce.
d-B') There is a rebuttable wesumptiott that the annual amount of any eeneral
support awarded under this paraeraoh must equal the difference in the parties'
spousal support incomes tnultiplied by a durational factor that is calculated by
multiolvinfi the number of years of the mamaee bv 0,015. exceDt that the
durational factor may notexceed 0.3. The amount of eeneral suoport must be
calculated on an annual basis, but the court may order the obligor to pay general
su£Bort_on a monthly, weekly or other scheduled basis.
(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. The court shall use the factors set
forth in subsection 5 and may use any other fact the court considers relevant to
determine whether a presumotion under this paraaraph would be inequitable or
unjust and shall make written findings suDporting the court's conclusion. A court
may award general support in cases for which there is a oresumotion that no eeneral
support may be awarded if the court finds that a substantial injustice will result if
there is no award and the court makes written findings suoporting the court's
conclusion.
B. Transitional support may be awarded to provide for a spouse's transitional 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 rehabilitatioa services, vocational training and education.
C. Reimbursement support may be awarded to achieve an equitable result in the overall
dissolution of the parties' fmancial relationship in response to exceptional
circumstances. Exceptional circumstances include, but are not limited to:
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NLU Sl COMMITTEE AMENDMENT " ^ " to S.P, 860, L.D. 2142 (:e^"<> ^
(1) Economic misconduct by a spouse;
(2) Substantial contributions a spouse made towards the educational or
occupational advancement of the other spouse during the marriage; and
(3) Economic abuse by a spouse. For the purposes of this subparagraph,
"economic abuse" has the same meaning as in section 4102, subsection 5,
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,
See. 3. 19-A MRSA §951-A, sub-§4-A is enacted to read;
4-A. Award at expiration of child snoBortoblieation. IfachildsuDDortoblieation
for the minor child or children of the mamage^ •will tenninate within 3 years of the
anticipated date of a final judgment awardine eeneral suoport. the court may establish a
separate general support award that will take effect upon the termination of the child
support obUeation.
Sec. 4. 19-A MRSA §951-A, sub-§5, ^H, as enacted by PL 1999, c. 634, §3, is
amended to read;
H. The few consequences of the division of marital property, including the tax
consequences of the sale of the marital home resulting from division of the marital
property, if applicable;
Sec. 5. 19-A MRSA §951-A, sub-§5, <ffP, as enacted by PL 1999, c. 634, §3, is
amended to read:
P. The effect of the following on a party's need for spousal support or a party's ability
to pay spousal support;
(1) Actual or potential income from marital or nonmantal property awarded or set
apart to each party as part of the court's distributive order pursuant to section 953;
aad
(2) Child support for the support of a minor child or ohildron of the marriage
pursuant to ohoptor 63 ; and
Sec. 6. 19-A MRSA §951-A, sub-§5, <[|P-1 is enacted to read:
P-1, Whether the spousal support award combined with a child support oblifiation for
the suDDQrt of a minor child or children of the marriage would be inequitable or uniust;
Sec. 7. 19-A MRSA §95l-A, sub-§5, ^pP"2 is enacted to read:
P-2. Whether the spousal swoort incomes of the parties are sufficiently low or
sufficiently high that aDplication of the presumptive calculation in subsection 2.
param'aph A. suboaraeratih fl-B) would be inequitable or unjust: and
COMMITTEE AMENDMENT
COMMm-EB AMENDMENT " ^ » to S.P. 860, L.D. 2142 (. S-5r H
Sec. 8. Application. This Act applies to all actions pending on or after January 1,
2027. If a party files a motion to modify a general spousal support award that was issued
before January 1,2027, the following provisions apply.
1. The court may not use the rebuttable presumption in the Maine Revised Statutes,
Title 19-A, section 951-A, subsection 2, paragraph A, subparagraph (1-B) as the basis for
finding a substantial change in financial circumstances under Title 19-A, section 951-A,
subsection 4.
2. If a party establishes a substantial change in financial circumstances through means
other than application of the presumption under the Maine Revised Statutes, Title 19-A,
section 951-A, subsection 2, paragraph A, subparagraph (1-B) and it appears to the court
that justice requires the award to be modified, the court may consider the presumption in
determining the amount of the modified general support award.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment makes the following changes to the bill.
1. It clarifies that the parties' spousal support income is calculated using the definition
of "gross income" under the child support statutes, regardless of whether there are any
children of the marriage. If there are children of the marriage, the spousal support income
of the party obligated to pay child support must be reduced based on the amount that party
is obligated to pay directly in support of the children of the marriage as reflected on the
child support worksheet and the spousal support income of the party receiving child support
must be reduced by the amount that party is determined to spend directly in support of
children of the marriage as reflected on the child support worksheet.
2. It increases the income disparity between the spouses required to trigger a
presumptive entitlement to general spousal support by providing that there is a rebuttable
presumption that a spouse is entitled to general spousal support if the parties have been
married for at least 10 years and that spouse's spousal support income is an amount equal
to or less than 65% of the other spouse's spousal support income.
3. It clarifies that, after a court calculates a presumptive spousal support award in
appropriate cases using the formula set forth in the amendment, the court must consider the
factors set forth in the Maine Revised Statutes, Title 19-A, section 951 "A, subsection 5 and
any other fact the court determines relevant in decidmg whether that presumptive spousal
support amount would be equitable or unjust. It also amends the list of factors to require a
court to consider whether the incomes of the parties are sufficiently low or sufficiently high
that application of die presumptive general spousal support calculation is inequitable or
unjust.
4. It clarifies that the court must make written findings supporting any decision that
any of the general spousal support rebuttable presumptions have been rebutted because its
application would be inequitable or unjust.
5. It clarifies that the court may enter a separate spousal support award that will take
effect upon expiration of a child support obligation that is expected to expire within 3 years
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COMMITTEE AMENDMENT " y4 " to S,P, 860, L.D. 2142 C^" ^ * ~^
of a final judgment awarding general support only in cases when the court has entered an
award of general spousal support.
6, It changes the structure of the language of the bill to more closely match the structure
of current law.
COMMITTEE AMENDMENT