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A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouses job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
There are no rigid rules regarding how assets are divided in a divorce and the law has to be flexible to apply to each case. The Court has wide discretion. There will not necessarily be a 50/50 split of the assets in every case and an equal division of assets may be appropriate in some cases but not in others.
Maine is an equitable distribution state, meaning that assets and debts are divided equitably but not always equally. The court considers several factors to ensure the division is fair. Alimony is determined on a case-by-case basis and can be granted in either a lump sum, periodically, and for varying amounts of time.
In Maine, the court refers to legal separations as judicial separations. You can file for a judicial separation if youve lived apart from your spouse continuously for at least 60 days. If you and your spouse agree, you can file a motion together, or either spouse can request separation alone.
In California, the law sees any assets attained during the marriage as community property. This categorization includes stock options and other investments. Community property is subject to equal distribution during divorce.
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Blacks Law Dictionary does not list Maine as one of the nine community property states in this country. Maine follows marital property or equitable distribution for the division of property in divorce cases. The statutory reference for this is 19-A MRS 953.
The separation of property may refer to present or future property or both and it may be total or partial separation. In the latter case, the property that was not agreed upon to be separate, shall pertain to the absolute community of the spouses.
All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of coownership such as joint tenancy, tenancy in common, tenancy by the entirety or community
It is a legally binding agreement signed by the judge. In Maine, it is called a Judgment for Separate Maintenance. The agreement contains important information about property and debt division, child custody, parenting and support, and spousal support during the legal separation.
The court will divide your property equitably, which means fairly, based upon the specific circumstances of your family. Equitable division of marital property does not necessarily mean that property will be divided equally. Equitable division also does not necessarily depend upon which spouse paid for things.

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