Free Maine Postnuptial Agreement Template

A Maine postnuptial agreement is a written contract spouses sign during the marriage about property and debts. Maine’s divorce statute lets a valid agreement exclude property, and it sets detailed rules on when growth in separate property stays separate.

Agreements Can Exclude Property

Marital property is everything either spouse acquires after the wedding, except listed categories. One is property excluded by valid agreement of the parties (19-A M.R.S. § 953(2)(D)).

Most Property Is Presumed Marital

Maine presumes that property acquired during the marriage, and before any legal separation decree, is marital. That’s true however it’s titled. The presumption is overcome by showing a listed exception applies (19-A M.R.S. § 953(3)).

Courts Divide in Just Proportions

A court sets apart each spouse’s property and divides marital property in proportions it considers just. Factors include each spouse’s contributions, their economic circumstances, and economic abuse by a spouse (19-A M.R.S. § 953(1)).

Sometimes. The increase in value of nonmarital property is also nonmarital, but Maine defines that increase narrowly (19-A M.R.S. § 953(2)(E)).

Growth from market forces counts as nonmarital. So does growth from reinvested income and capital gains, unless either spouse had a substantial active role in managing, preserving, or improving the property. By contrast, growth from investing marital funds or from marital labor doesn’t count. Neither does reinvested income or capital gain where a spouse played that substantial active role.

That’s why a Maine postnuptial agreement is useful for a family business or rental property one spouse runs. For example, the agreement can exclude that growth expressly, rather than leaving it to the statutory tests. It can also set out who manages the asset, since active management changes the default.

Before signing a Maine postnuptial agreement, work through these steps:

1. Identify separate property. List what each spouse owned before marriage or received by gift or inheritance.
2. Note who manages what. Record whether either spouse actively runs or improves a separate asset.
3. Track marital contributions. Note any marital money invested in separate property.
4. State the treatment of growth. Then say how you’ll handle appreciation on each asset.
5. Exchange full financial information before signing.
6. Sign and date the agreement, then keep it with your asset records.

Keep these parts specific:

• Nonmarital assets — each item the agreement sets aside by name
• Appreciation terms — the rule you choose for growth on each separate asset
• Management roles — which spouse is active in which asset
• Contribution records — marital funds put into separate property
• Execution block — each spouse’s signature with the date