Title 19-A: DOMESTIC RELATIONS

Part 2: MARRIED PERSONS

Chapter 29: DIVORCE

Subchapter 2: SPOUSAL SUPPORT AND PROPERTY RIGHTS

§951-A. Spousal support

1.  Statement by court.  An order granting, denying or modifying spousal support must state:  

A. The type or types of support, if support is awarded;   [PL 1999, c. 634, §3 (NEW).]

B. The method or methods of payment, and the term and limitations imposed, if support is awarded;   [PL 1999, c. 634, §3 (NEW).]

C. If the support awarded is not, in whole or in part, subject to future modification; and   [PL 1999, c. 634, §3 (NEW).]

D. The factors relied upon by the court in arriving at its decision to award or deny spousal support, if the proceeding was contested.   [PL 1999, c. 634, §3 (NEW).]

[PL 1999, c. 634, §3 (NEW).]

1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.  

A. "Length of the marriage" means the length of time from the date that the parties were married to the date of the filing of the action for divorce.   [PL 2025, c. 571, §1 (NEW); PL 2025, c. 571, §8 (AFF).]

B. "Spousal support income" means, with respect to each party and regardless of whether there are any children of the marriage, the party's gross income, as defined in section 2001, subsection 5, less, for a party who is a child support obligee, any amount the party is determined to spend directly in support of the minor child or children of the marriage as reflected on the child support worksheet and less, for a party who is a child support obligor, any amount the party is obligated to pay directly in support of the minor child or children of the marriage as reflected on the child support worksheet.   [PL 2025, c. 571, §1 (NEW); PL 2025, c. 571, §8 (AFF).]

[PL 2025, c. 571, §1 (NEW); PL 2025, c. 571, §8 (AFF).]

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 on one or more of the following grounds.  

A. General support may be awarded to allocate equitably between spouses financial losses that either or both may incur due to dissolution of a marriage of a significant length when the family is divided into separate economic units. A spouse married to someone with significantly greater income or earning capacity is entitled at the dissolution of the marriage to compensation for a portion of the decrease in the standard of living the spouse would otherwise experience, if the length of the marriage is of sufficient duration that equity requires that some portion of the loss be treated as the spouses' joint 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.  

(1-A) There is a rebuttable presumption that a spouse is entitled to an award of general support 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 support income as of the date of the filing of the action for divorce is equal to or less than 65% of the other spouse's spousal support income as of the date of the filing of the action for divorce.  

(1-B) There is a rebuttable presumption that the annual amount of any general support awarded under this paragraph must equal the difference in the parties' spousal support incomes multiplied by a durational factor that is calculated by multiplying the number of years of the marriage by 0.015, except that the durational factor may not exceed 0.3. The amount of general support must be calculated on an annual basis, but the court may order the obligor to pay general support 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 presumption under this paragraph would be inequitable or unjust and shall make written findings supporting the court's conclusion. A court may award general support in cases for which there is a presumption that no general 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 supporting the court's conclusion.   [PL 2025, c. 571, §2 (AMD); PL 2025, c. 571, §8 (AFF).]

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 rehabilitation services, vocational training and education.   [PL 1999, c. 634, §3 (NEW).]

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;  

(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.   [PL 2023, c. 646, Pt. C, §1 (AMD).]

D. Nominal support may be awarded to preserve the court's authority to grant spousal support in the future.   [PL 1999, c. 634, §3 (NEW).]

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.   [PL 1999, c. 634, §3 (NEW).]

[PL 2025, c. 571, §2 (AMD); PL 2025, c. 571, §8 (AFF).]

3.  Methods of payment; term and limitations.  The order must state the method or methods of payment that the court determines just, including, but not limited to, lump-sum and installment payments. The order must also state the term of and any limitations on the award that the court determines just, including, but not limited to:  

A. A limit on any increases or decreases in the amount of support;   [PL 1999, c. 634, §3 (NEW).]

B. A limit on any increases or decreases in the term of support;   [PL 1999, c. 634, §3 (NEW).]

C. A limit on the method or methods of payment of support;   [PL 1999, c. 634, §3 (NEW).]

D. A limit on the payment of support related to the remarriage of the payee; and   [PL 1999, c. 634, §3 (NEW).]

E. A limit on the payment of support related to cohabitation by the payee.   [PL 1999, c. 634, §3 (NEW).]

[PL 1999, c. 634, §3 (NEW).]

4.  Modification.  An award of spousal support issued before October 1, 2013 is subject to modification when it appears that justice requires unless and to the extent the order awarding or modifying spousal support expressly states that the award, in whole or in part, is not subject to future modification. An award of spousal support issued on or after October 1, 2013 is subject to modification when there is a substantial change in financial circumstances and it appears that justice requires.  

[PL 2019, c. 272, §1 (AMD).]

4-A.  Award at expiration of child support obligation.  If a child support obligation for the minor child or children of the marriage will terminate within 3 years of the anticipated date of a final judgment awarding general support, the court may establish a separate general support award that will take effect upon the termination of the child support obligation.  

[PL 2025, c. 571, §3 (NEW); PL 2025, c. 571, §8 (AFF).]

5.  Factors.  The court shall consider the following factors when determining an award of spousal support:  

A. The length of the marriage;   [PL 1999, c. 634, §3 (NEW).]

B. The ability of each party to pay;   [PL 1999, c. 634, §3 (NEW).]

C. The age of each party;   [PL 1999, c. 634, §3 (NEW).]

D. The employment history and employment potential of each party;   [PL 1999, c. 634, §3 (NEW).]

E. The income history and income potential of each party;   [PL 1999, c. 634, §3 (NEW).]

F. The education and training of each party;   [PL 1999, c. 634, §3 (NEW).]

G. The provisions for retirement and health insurance benefits of each party;   [PL 1999, c. 634, §3 (NEW).]

H. The consequences of the division of marital property, including the tax consequences resulting from division of the marital property, if applicable;   [PL 2025, c. 571, §4 (AMD); PL 2025, c. 571, §8 (AFF).]

I. The health and disabilities of each party;   [PL 1999, c. 634, §3 (NEW).]

J. The tax consequences of a spousal support award;   [PL 1999, c. 634, §3 (NEW).]

K. The contributions of either party as homemaker;   [PL 1999, c. 634, §3 (NEW).]

L. The contributions of either party to the education or earning potential of the other party;   [PL 1999, c. 634, §3 (NEW).]

M. Economic misconduct by either party resulting in the diminution of marital property or income;   [PL 1999, c. 634, §3 (NEW).]

M-1. Economic abuse by a spouse. For the purposes of this paragraph, "economic abuse" has the same meaning as in section 4102, subsection 5;   [PL 2023, c. 646, Pt. C, §2 (AMD).]

N. The standard of living of the parties during the marriage;   [PL 1999, c. 634, §3 (NEW).]

O. The ability of the party seeking support to become self-supporting within a reasonable period of time;   [PL 1999, c. 634, §3 (NEW).]

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 nonmarital property awarded or set apart to each party as part of the court's distributive order pursuant to section 953;   [PL 2025, c. 571, §5 (AMD); PL 2025, c. 571, §8 (AFF).]

P-1. Whether the spousal support award combined with a child support obligation for the support of a minor child or children of the marriage would be inequitable or unjust;   [PL 2025, c. 571, §6 (NEW); PL 2025, c. 571, §8 (AFF).]

P-2. Whether the spousal support incomes of the parties are sufficiently low or sufficiently high that application of the presumptive calculation in subsection 2, paragraph A, subparagraph (1-B) would be inequitable or unjust; and   [PL 2025, c. 571, §7 (NEW); PL 2025, c. 571, §8 (AFF).]

Q. Any other factors the court considers appropriate.   [PL 1999, c. 634, §3 (NEW).]

[PL 2025, c. 571, §§4-7 (AMD); PL 2025, c. 571, §8 (AFF).]

6.  Enforcement.  The court may use all necessary legal provisions to enforce its decrees.  

[PL 1999, c. 634, §3 (NEW).]

7.  Real estate and other property; life insurance and other security.  The court may order part of the obligated party's real estate or other property, as well as the rents, profits or income from real estate or other property, to be assigned and set out to the other party for life or for such other period determined to be just. The court may also order the obligated party to maintain life insurance or to otherwise provide security for the payment of spousal support in the event the obligation may survive the obligated party's death.  

[PL 1999, c. 634, §3 (NEW).]

8.  Cessation upon death of payee or payor.  An order awarding, denying or modifying spousal support may provide that the award survives the death of the payee or payor, or both. Unless otherwise stated in the order awarding spousal support, the obligation to make any payment pursuant to this section ceases upon the death of either the payee or the payor with respect to any payment not yet due and owing as of the date of death.  

[PL 1999, c. 634, §3 (NEW).]

9.  Effect of no award or termination of spousal support.  A final judgment that does not award spousal support forever precludes such an award in that action. The complete termination of a spousal support award pursuant to the terms of the award or a final post-judgment order forever precludes the reinstatement of spousal support in that action.  

[PL 1999, c. 634, §3 (NEW).]

10.  Application.  This section applies to:  

A. Orders granting or denying spousal support entered on or after September 1, 2000; and   [PL 1999, c. 634, §3 (NEW).]

B. The modification, termination and enforcement of orders granting spousal support entered on or after September 1, 2000.   [PL 1999, c. 634, §3 (NEW).]

[PL 1999, c. 634, §3 (NEW).]

11.  Support while pending.  The trial court may make, modify or enforce an award of spousal support under this section while an action is pending, including while on appeal.  

[PL 2005, c. 594, §4 (NEW).]

12.  Cessation upon cohabitation. 

[PL 2019, c. 272, §2 (RP).]

SECTION HISTORY

PL 1999, c. 634, §3 (NEW). PL 2005, c. 594, §4 (AMD). PL 2013, c. 327, §§1, 2 (AMD). PL 2019, c. 272, §§1, 2 (AMD). PL 2021, c. 122, §§1, 2 (AMD). PL 2023, c. 646, Pt. C, §§1, 2 (AMD). PL 2025, c. 571, §§1-7 (AMD). PL 2025, c. 571, §8 (AFF).