Maine
Legal Separation in Maine: Judicial Separation Rules (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 7 primary sources cited on this page. How we verify our legal content
Yes. Maine calls it judicial separation, and the District Court can enter a separation decree under 19-A M.R.S. § 851 for a married person who lives apart, or wants to live apart, from their spouse for more than 60 continuous days. The spouses stay legally married, but the court can decide parental rights, child support, spousal support and the division of property.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers judicial separation under Maine law: 19-A M.R.S. §§ 851-852, with the related property rules in § 953 and the divorce grounds in § 902(1). It does not cover the amount of spousal or child support, divorce procedure, or other states' law. For divorce grounds and residency, see Maine divorce laws.
Does Maine allow legal separation?
Yes. Title 19-A, chapter 27 of the Maine Revised Statutes is titled "Judicial Separation," and it contains two sections, § 851 and § 852. Section 851(1-A) gives the District Court jurisdiction to enter a separation decree:
"A. Upon the petition of a married person who lives apart or who desires to live apart from that person's spouse for a period in excess of 60 continuous days; or B. Upon joint petition of a married couple who live apart or who desire to live apart for a period in excess of 60 continuous days."
The Maine Judicial Branch describes it this way: "A judicial separation is a type of case you can file if you intend to separate from your spouse for more than 60 days but stay legally married." The statutes also use the phrase "legal separation," for example in § 953.
Grounds for a judicial separation in Maine
Section 851 does not require either spouse to prove fault. The subsection that once listed grounds was repealed in 1997 (P.L. 1997, c. 224). Today the court's power rests on a petition by a spouse, or a joint petition by both, who live apart or want to live apart for more than 60 continuous days.
There is one limit written into the statute. Under § 851(15), the court may not grant a judicial separation for fraudulent purposes.
Where to file and residency
A petition for judicial separation is filed in the District Court. Under § 851(2), "the person may file a petition for judicial separation in the county or judicial division in which either of the parties lives," with an exception when the person filing has left the county where the couple lived together and the other spouse still lives there.
Section 851 does not state a residency period. This page does not cover whether any residency requirement applies to a judicial separation; ask the District Court clerk or a Maine lawyer before filing.
The Maine Judicial Branch's self-help page, "Ways to Legally Separate from Your Spouse: Divorce, Annulment, and Judicial Separation," compares the three options and points to the court's family forms.
What a Maine separation decree can include
A separation decree can settle most of the practical issues a divorce would, while leaving the marriage in place. Under § 851 and § 852, the court can:
| What the court can order | Statute |
|---|---|
| Parental rights and responsibilities for minor children, and child support under chapter 55 | § 851(5), (8)(C) |
| Spousal support, as periodic payments, a specific sum or both, plus maintenance of health and life insurance and attorney's fees; these orders can be amended | § 851(9) |
| Possession of owned or rented real and personal property while the case is pending | § 851(8)(D) |
| Disposition of property under § 953 | § 851(10); § 953(1) |
| Mediation (required, as provided in chapter 3), and orders against restraint or interference | § 851(4), (11) |
| A preliminary injunction, binding the filing spouse when the case starts and the other spouse once served, covering property, insurance and communications | § 852 |
The property part of the decree is lasting. Under § 851(10) and (12), the portion of a separation decree that disposes of property is not subject to modification or termination. Under § 953(1), the court sets apart each spouse's own property and divides the marital property "in proportions the court considers just after considering all relevant factors."
For how spousal support is set, see Maine alimony laws. For parental rights and parenting plans, see Maine child custody laws.
Effects of a judicial separation
The spouses remain married. A separation decree decides rights and responsibilities but does not dissolve the marriage.
Three statutory effects matter most:
- Property acquired later. Under § 953(2)(C), property a spouse acquires after a decree of legal separation is excluded from "marital property." That matters if the couple later divorces.
- Inheritance. Section 851(14) states: "A separation decree does not bar the spouses or the issue of the marriage from inheriting." Maine's Probate Code also provides that a surviving spouse does not include someone who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights (18-C M.R.S. § 2-801(2)(C)), so the property terms of a separation decree can matter. A Maine probate lawyer can explain how a decree affects a particular estate.
- Existing agreements. Under § 851(7), an action for judicial separation does not invalidate a marriage settlement or contract between the spouses, such as a premarital agreement.
Can a judicial separation be converted to a divorce in Maine?
No. Chapter 27 (§§ 851-852) does not provide a procedure for converting a separation decree into a divorce. Divorce is a separate claim, and § 851(12) and (13) explain how the two interact:
- If a spouse files a divorce complaint or counterclaim in the same action and the court grants the divorce, the court shall dismiss the separation claim.
- A final divorce judgment terminates the separation decree, but not the decree's disposition of property.
- The spouses can end the separation decree themselves by filing a written declaration, signed and acknowledged by both, that they have resumed marital relations.
Living apart under a separation decree is not one of the divorce grounds listed in § 902(1). That list covers adultery, impotence, extreme cruelty, utter desertion for three years, intoxication, nonsupport, cruel and abusive treatment, irreconcilable marital differences, and the guardianship of a spouse. A spouse who wants to end the marriage after a separation files for divorce on one of those grounds; see Maine divorce laws.
Judicial separation vs. divorce in Maine
| Judicial separation | Divorce | |
|---|---|---|
| Marriage ends | No | Yes |
| Basis | Living apart, or wanting to live apart, for more than 60 continuous days (§ 851(1-A)) | A ground in § 902(1) |
| Parental rights, child support, spousal support | Yes (§ 851(5), (9)) | Yes |
| Property division | Yes, under § 953 (§ 851(10)) | Yes, under § 953 |
| Can be ended by spouses resuming marital relations | Yes, by filing a written declaration signed and acknowledged by both (§ 851(12)(B)) | Not applicable |
Disclaimer: This article provides general legal information about judicial separation under Maine law (19-A M.R.S. §§ 851-852, with §§ 902 and 953), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Maine or contact the Maine Judicial Branch's family court self-help resources.
Related
- Legal separation laws in every state
- Maine divorce laws
- Maine alimony laws
- Maine child custody laws
- Maine child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Is there legal separation in Maine?
Yes. Maine calls it judicial separation. Under 19-A M.R.S. § 851, the District Court can enter a separation decree for spouses who live apart or want to live apart for more than 60 continuous days.
How long do you have to be separated in Maine before a judicial separation?
Section 851(1-A) refers to spouses who live apart or desire to live apart for more than 60 continuous days, so a spouse can file when they intend to separate for that period, not only after it has passed.
Do you need a reason to get a judicial separation in Maine?
No fault ground is required. The grounds subsection of § 851 was repealed in 1997, though § 851(15) bars a separation granted for fraudulent purposes.
Can you get spousal support in a Maine judicial separation?
Yes. Section 851(9) lets the court order spousal support as periodic payments, a specific sum or both, along with health and life insurance maintenance and attorney's fees.
Does a judicial separation turn into a divorce in Maine?
No. A divorce is a separate claim; if the court grants a divorce in the same action it dismisses the separation claim, and a final divorce judgment ends the separation decree but not its property division (§ 851(12)).
Can a separated spouse inherit in Maine?
Section 851(14) says a separation decree does not bar the spouses or the issue of the marriage from inheriting, but Maine's Probate Code excludes from the term surviving spouse a party to a proceeding concluded by an order purporting to terminate all marital property rights (18-C M.R.S. § 2-801(2)(C)). Ask a Maine lawyer how a specific decree affects inheritance.
Is property bought after a separation decree marital property in Maine?
No. Under 19-A M.R.S. § 953(2)(C), property a spouse acquires after a decree of legal separation is excluded from marital property.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 2: MARRIED PERSONS, Chapter 27: JUDICIAL SEPARATION
§ 851Judicial separationIn force
1. Grounds. 1-A. Jurisdiction. The District Court has jurisdiction to enter a separation decree: A. Upon the petition of a married person who lives apart or who desires to live apart from that person's spouse for a period in excess of 60 continuous days; or [PL 1997, c. 224, §2 (NEW); PL 1997, c. 224, §5 (AFF).] B. Upon joint petition of a married couple who live apart or who desire to live apart for a period in excess of 60 continuous days. [PL 1997, c. 224, §2 (NEW); PL 1997, c. 224, §5 (AFF).] 2. Place of filing. The person may file a petition for judicial separation in the county or judicial division in which either of the parties lives, except that if the petitioner has left the county or judicial division in which the parties lived together and the respondent still lives in that county or judicial division, the petitioner must file the petition in that county or judicial division. Notice must be given as the Maine Rules of Civil Procedure provide. 3. Order. 4. Mediation. The court shall order the parties to participate in mediation as provided in chapter 3. 5. Parental rights and responsibilities.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 852Preliminary injunction, effect; attachment or trustee processIn force
1. Issuance of preliminary injunction by the court; service; contents; effect. In all actions for judicial separation, the District Court shall issue a preliminary injunction order in the following manner. A. The preliminary injunction must bear the signature or facsimile signature of the clerk, be under the seal of the court and contain the name of the court issuing the preliminary injunction and the names of the parties. If the plaintiff is represented, the preliminary injunction must also state the name and address of the plaintiff's attorney. The preliminary injunction may be obtained in blank from the clerk for a fee. The plaintiff or the plaintiff's attorney shall serve the preliminary injunction on the defendant along with the summons and complaint. [PL 2023, c. 204, §1 (AMD).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 2: MARRIED PERSONS, Chapter 29: DIVORCE
§ 953Disposition of propertyIn forcecited in 2 of our articles
1. Disposition. In a proceeding for a divorce, for legal separation or for disposition of property following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to each spouse the spouse's property and shall divide the marital property in proportions the court considers just after considering all relevant factors, including: A. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The value of the property set apart to each spouse; [PL 2021, c. 122, §3 (AMD).] C. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children; and [PL 2021, c. 122, §3 (AMD).] D. Economic abuse by a spouse. For the purposes of this paragraph, "economic abuse" has the same meaning as in section 4102, subsection 5. [PL 2023, c. 646, Pt.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 121 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Doucette v. Washburn (Supreme Judicial Court of Maine 2001, 766 A.2d 578)“…c exceptions to the marital property presumption set out at 19-A M.R.S.A. § 953(2) (1998). 5 It was not ac…”
- Dargie v. Dargie (Supreme Judicial Court of Maine 2001, 778 A.2d 353)“…pect to the distribution of marital property is governed by 19-A M.R.S.A. § 953 (1998). 1 A divorce court is not re- *…”
- Laqualia v. Laqualia (Supreme Judicial Court of Maine 2011, 30 A.3d 838)“…spouses during marriage is presumed to be marital property. 19-A M.R.S. § 953(3). This presumption may be overcome by…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Divorce Laws (2026): Grounds, Residency, and Process
§ 902Grounds; defensesIn forcecited in 2 of our articles
1. Grounds. A divorce may be granted for one of the following causes: A. Adultery; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Impotence; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Extreme cruelty; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. Utter desertion continued for 3 consecutive years prior to the commencement of the action; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. Gross and confirmed habits of intoxication from the use of liquor or drugs; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. Cruel and abusive treatment; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] H. Irreconcilable marital differences; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] I. [PL 2005, c. 594, §2 (RP).] J.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pennings v. Pennings (Supreme Judicial Court of Maine 2002, 786 A.2d 622)“…setting out grounds for divorce, are presently codified in 19-A M.R.S.A. § 902(1), which provides in its entirety:…”
- Warner v. Warner (Supreme Judicial Court of Maine 2002, 807 A.2d 607)“…d to Barbara on the *613 ground of adultery, 19-A M.R.S.A. § 902(1)(A) (1998), and to Barry on the groun…”
- Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori (Supreme Judicial Court of Maine 2016, 150 A.3d 336)“…2012 on the ground of irreconcilable differences. See 19-A M.R.S. § 902(1)(H) (2015). By judgment dated Au…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 901Action for divorce; proceduresIn forcecited in 3 of our articles
1. Filing of complaint; grounds. A person seeking a divorce may file a complaint for divorce in the District Court if: A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The plaintiff is a resident of this State and the parties were married in this State; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The defendant is a resident of this State. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] The complaint must state one or more grounds listed in section 902, subsection 1. 2. Guardian ad litem. If the alleged cause is that one of the parties is an incapacitated person, as provided in section 902, subsection 1, paragraph J, the court shall appoint a guardian ad litem to represent the interests of the incapacitated person. 3. Exclusion of public.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gutierrez v. Gutierrez (Supreme Judicial Court of Maine 2007, 921 A.2d 153)“…he court dismissed the complaint. It held that, pursuant to 19-A M.R.S. §§ 901(1), 1745 (2006), it did not have subjec…”
- Shelly R. Higgins v. Todd A. Wood (Supreme Judicial Court of Maine 2018, 189 A.3d 724)“…nation of parental rights and responsibilities, see 19-A M.R.S. §§ 901, 1652, 1653(2)(D)(3), 1653(8) (2017)…”
- Von Schack v. Von Schack (Supreme Judicial Court of Maine 2006, 893 A.2d 1004)“…tate for 6 months prior to the commencement of the action,” 19-A M.R.S. § 901(1)(A) (2005), it does not speak to juri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Maine: Is It Recognized? (2026)
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Sources and References
- 19-A M.R.S. § 851, Maine Revised Statutes(legislature.maine.gov).gov
- Maine Revised Statutes, Title 19-A, chapter 27 (table of contents)(legislature.maine.gov).gov
- Maine Judicial Branch: Ways to Legally Separate from Your Spouse: Divorce, Annulment, and Judicial Separation(courts.maine.gov).gov
- 19-A M.R.S. § 852, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 953, Maine Revised Statutes(legislature.maine.gov).gov
- Maine Revised Statutes, Title 19-A (table of chapters)(legislature.maine.gov).gov
- 18-C M.R.S. § 2-801, Maine Revised Statutes (effect of divorce, annulment and decree of separation)(legislature.maine.gov).gov