Adultery in Maine - Does Cheating Affect Alimony?

The recent trend in divorce alimony awards has been to award alimony only on a financial needs basis. This means that for some spouses seeking to use alimony to punish unfaithful spouses, that may not be possible.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Maine.

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The Nature of Divorce in Maine

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Maine must be examined. In Maine, there are nine reasons that spouses can seek a divorce. Of those nine grounds for divorce, seven are considered to be “fault” grounds, meaning that one spouse caused the breakdown of the marital relationship. One of those fault grounds is adultery.¹

About Maine Alimony Rules

Maine law refers to alimony as spousal support. Under Maine law, there are four types of post-divorce spousal support: general, transitional, reimbursement, and nominal. General spousal support is what most people think of when they think about spousal support; a financial award from one spouse to a spouse with substantially less income potential. Transitional support is a short term award of support designed to help one spouse better transition to single life. Reimbursement support can be awarded either to correct one spouses’ financial misconduct (such as a gambling debt) or reimburse one spouse for making significant contributions to the other spouses’ education. Finally, nominal support is an incredibly tiny award of support (as low as $1 per month) that the court may award in order to preserve its jurisdiction so that it can increase support payments later if needed.²

In determining both whether to award spousal support and the amount of that support, Maine courts will consider fifteen different factors that are listed in the spousal support statute.³ The most important of these factors are the financial situation of the spouses during the marriage, the financial situation of each spouse after the marriage, the effect of the divorce itself on finances, and the future earning potential each spouse has based on his or her education, age, and health.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Divorce courts in Maine decide spousal support as a purely financial matter. As a result, one spouses’ adultery will not affect an award of spousal support in any way. The one exception could be an award of reimbursement spousal support due to a spouses’ economic misconduct.⁴ If the affair was particularly expensive (such as lavish gifts, vacations, and expensive hotel stays), that type of conduct could constitute economic misconduct that could require the adulterous spouse to pay back the victim spouse for any economic harm caused by the affair.

The Verdict:

Because Maine law makes spousal support determinations a purely financial concern, adulterous behavior by either spouse will not affect an award of spousal support. Alimony can only be awarded on a needs’ basis to a financially dependent spouse.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

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