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Maine Supreme Court Update Spousal Support - Thumith v. Thumith - July 16, 2013

On July 13, the Maine Supreme Court issued an interesting decision on spousal support.  After Husband and Wife separated, they stipulated to shared parental rights and responsibilities for their two children. The district court later entered a divorce judgment determining marital property, marital debt, and spousal support. The court concluded that the circumstances of his case warranted an equal division of marital property and debt even though Husband had a significantly greater earning capacity than Wife. Wife appealed. The Supreme Court vacated the judgment and remanded for reconsideration of the property distribution and debt allocation, holding that the gulf between the parties' expected post-marriage earnings did not constitute a circumstance that would justify an equal division of marital property and debt. On remand, the court was instructed to reconsider the issues of spousal support and attorney fees along with the parties' financial relationship.  This case provides precedent that the post-marital earnings of spouses are a considerable factor to be taken into consideration in determining a settlement of the marital estate.
The Thumith v. Thumith case may be found here.
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