When couples make the difficult decision to end their marriage, they are confronted with a multitude of issues that must be resolved in order to move forward separately. Among these concerns is the topic of spousal support, also known as alimony in certain states. Spousal support in Maine is granted to aid one spouse in maintaining a comparable standard of living after the divorce has been finalized.
However, what happens if the receiving spouse undergoes a significant change in their life circumstances? Is it possible to modify spousal support? In this informative piece, we will delve into the answer to this vital question.
Understanding Spousal Support in Maine
Before we delve into the intricacies of modifying spousal support, let’s first establish a clear understanding of what it entails and how it operates within the state of Maine.
Spousal support in Maine is specifically intended to provide financial assistance to a spouse who lacks the means to independently support themselves during or after a divorce. The primary objective of spousal support is to ensure that the financially disadvantaged partner is able to maintain the same standard of living they enjoyed throughout the course of their marriage.
In Maine, spousal support can be awarded for a defined period or on an ongoing basis. Various factors, such as the duration of the marriage, the health of both parties, their earning potential, and other relevant considerations, are taken into account when determining whether or not to grant spousal support, as well as the amount and duration of such support.
Modifying Spousal Support in Maine
In the state of Maine, spousal support can indeed be modified if the receiving spouse experiences a notable change in their life circumstances. These circumstances may encompass:
- A loss of income
- The onset of illness or disability
- Alterations in custody arrangements impacting the earning capacity of the custodial parent
- Changes in the income of the party responsible for making support payments
- Retirement
Should any of these situations arise, the spouse receiving spousal support is entitled to petition the court to request a modification. However, the burden of proof lies squarely on the individual seeking the modification. It is their responsibility to demonstrate to the court that a significant change has occurred, thereby justifying the need for a modification.
How to Petition for a Modification
To initiate the process of petitioning for a modification of spousal support in Maine, the individual should diligently follow these steps:
- File a motion with the court that outlines the request for modification.
- Serve a copy of the motion and any supporting documents to the opposing party or their legal representation.
- Attend the scheduled hearing to present compelling evidence in support of the motion.
During the hearing, the court will take into account all the evidence presented and subsequently make a determination on whether or not to modify the existing spousal support order. The court’s ultimate decision will hinge upon the degree to which the change in circumstances justifies a modification.
Conclusion
Divorce is an undoubtedly difficult experience, compounded further by financial obstacles. Spousal support serves to alleviate some of the financial burden associated with divorce. Nevertheless, life circumstances are subject to change, and corresponding adjustments to spousal support may become necessary.
In Maine, qualified individuals are able to seek modifications to their spousal support if they experience significant changes in their life circumstances. Should such changes transpire, the affected party has the right to petition the court for a modification. It is crucial, however, that the burden of proof rests with the petitioner, who must convincingly demonstrate to the court that the change justifies a modification.