How Maine Courts Impute Income for Voluntarily Unemployed or Underemployed Spouses

During a divorce, it is not uncommon for one spouse to attempt to manipulate their financial standing. Some individuals may abruptly quit a high-paying career, refuse to look for work, or take a much lower-paying job specifically to reduce their spousal support obligations or increase the amount they receive. Fortunately, Maine law protects against this unfair tactic through a process called income imputation. If you suspect your spouse is intentionally hiding their true earning potential, it is highly recommended to seek guidance from an experienced family attorney found in our US Lawyers directory to help you prove your case in court.

Under Me. Rev. Stat. tit. 19-A, § 2001(5)(D), Maine courts have the authority to determine a person's gross income based on their earning capacity rather than their actual current income. Earning capacity is defined as what a person could reasonably earn if they made a good-faith effort to find employment commensurate with their education, skills, prior work history, and the current local job market. The judge will carefully examine the reasons behind the unemployment or underemployment to determine if it is voluntary and unreasonable.

Step-by-Step Process to Prove Voluntary Underemployment

Proving that a spouse is voluntarily underemployed requires solid evidence. Whether your case is heard in Augusta or Lewiston, the legal process demands thorough preparation and strategic litigation.

Step 1: Filing the Complaint and Financial Statements

The issue of income typically arises after filing the initial divorce paperwork. Both parties must submit Form FM-043, Maine, Judicial Branch, Financial Statement to the court, such as the Augusta District Court, Augusta. When you receive your spouse's financial statement and notice an unjustified drop in income, your attorney will flag this discrepancy for the court.

Step 2: Conducting Formal Discovery

During the discovery phase, your lawyer will legally demand documents to uncover the truth. This includes requesting past tax returns, recent pay stubs, employment contracts, and communication regarding resignation or termination. If your spouse claims they were fired, your attorney may subpoena their former employer to verify if they actually quit or engaged in misconduct that intentionally led to the termination.

Step 3: Hiring a Vocational Expert

In complex cases, it is often necessary to hire a vocational rehabilitation expert. This professional will evaluate your spouse's resume, education, and physical capabilities. They will also analyze the local labor market in Maine to determine what jobs are currently available and what they pay. The expert then produces a formal report establishing your spouse's true earning capacity.

Step 4: Presenting Evidence in District Court

At the final hearing, your attorney will present the evidence and the vocational expert's testimony to the judge. Precedents like Harvey v. Robinson, 665 A.2d 215 (ME Supreme Judicial Court 1995) guide judges in assessing whether the spouse's career choices are made in good faith or are deliberate attempts to avoid financial responsibilities. If convinced, the judge will impute the income.

Specific Groups Subject to Income Imputation

The concept of imputing income applies to various scenarios, but certain situations arise frequently in Maine family courts.

Stay-at-Home Spouses Refusing to Re-Enter the Workforce

While the court respects agreements where one spouse stayed home to raise children, the expectation often shifts during a divorce. If the children are older or attending school full-time, a judge may expect the stay-at-home spouse to find employment. If they refuse to seek work, the court may impute an income equivalent to minimum wage or based on their past career experience to calculate transitional or general support fairly.

Professionals Taking Sudden Pay Cuts

Sometimes, a high-earning professional, such as a doctor or software engineer, will suddenly quit their firm and take a low-stress, low-paying job right before filing for divorce. The court looks closely at the timing of this career change. If a corporate executive in Portland suddenly decides to work part-time as a cashier without a valid medical or structural reason, the judge will almost certainly impute their former six-figure salary.

Gig Economy Workers Underreporting Cash

With the rise of gig work and self-employment, some spouses try to underreport their earnings by dealing primarily in cash or hiding transactions. Whether they are driving for rideshare apps, doing freelance carpentry, or running an online business, if their reported income does not match their lifestyle and expenses, the court can impute income based on their actual spending habits or industry averages.

How Much Does it Cost in Maine?

Proving voluntary underemployment is an aggressive litigation strategy that requires expert witnesses and extensive legal work.

How Long Does the Process Take?

Because imputing income requires depositions, expert evaluations, and gathering extensive financial records, these cases take significantly longer to resolve. If you are litigating at the Lewiston District Court, Lewiston, you should expect the process to take anywhere from 10 to 18 months before a judge issues a final ruling on the imputed amount.

Frequently Asked Questions (FAQ)