• Judges attempt to be fair to both parties when awarding alimony.Justice image by MVit from Fotolia.com
  
  Alimony, or spousal support, may be awarded to either party upon divorce or while legally separated. Each state has enacted laws that define the conditions under which spousal support is awarded, how the payment amount is determined, and the length of time the support will continue. Maine is no exception.
  
  

What Court Orders for Spousal Support must Define

• In Maine, the court order that grants, denies or modifies alimony must state the type of spousal support awarded, payment method, terms and limits and whether the award may be modified in the future if support is granted. Whether granted or denied, the court must also include the factors considered in reaching a decision.
  
  

Factors to be considered by the Court

• When deciding whether to award spousal support and establishing the amount, the court will consider how long the marriage lasted and whether either spouse's financial misconduct economically diminished the marital estate. They will consider each spouse's age, ability to pay, employment or potential for employment, income or potential for income, education and health. The court will also consider the contributions made by either spouse as a homemaker or to furthering the other's education. Tax consequences of dividing property and of spousal support will also be considered. The couple's standard of living while married, whether the party asking for alimony can soon become self sufficient, potential for income from awarded property, and child support are considered as well. The court may also include other criteria deemed appropriate.
  
  

Types of Alimony

• General spousal support can be awarded to the spouse with the lower income or potential for income in order for both to maintain a standard of living the court considers reasonable. It is not normally awarded if the marriage lasted less than 10 years and may be limited to a period of years not to exceed half of the length of the marriage for those married between 10 and 20 years. These exceptions may not be enforced if the judge finds the limitations would be unjust or unfair.
  
  Transitional spousal support may be provided to enable a spouse to adapt to divorce. This is awarded for expenses such as training, education or rehabilitation to secure employment or temporary needs caused by the divorce.
  
  Reimbursement spousal support is used to achieve a fair and just division of property when there are exceptional circumstances, such as financial misconduct by one spouse or significant contributions made by one spouse for the education or career advancement of the other.
  
  Nominal spousal support is sometimes granted as a means of preserving the court's right to award alimony at a future date.
  
  Interim spousal support is sometimes granted to provide separate support for one spouse while legal proceedings are under way.
  
  

Payment Methods, Terms and Limitations on Spousal Support

• The award must detail the payment methods, including installment and lump-sum payments. It must state any limits on changes in the amount or term of the alimony and any limits on payments if the payee remarries or enters into a cohabitation arrangement. It will also state whether the award can be modified in the future.