When going through a divorce in Maine, closing joint accounts requires careful navigation of state law—specifically the automatic preliminary injunction under 19-A M.R.S. § 903 that restricts both spouses from transferring marital assets without written consent or court approval. The filing fee for divorce in Maine is $120 as of May 2026, with a mandatory 60-day waiting period before finalization. Understanding how to properly handle joint bank accounts, credit cards, and shared debts during this process protects your financial interests while avoiding contempt of court charges that can carry penalties including attorney fee awards against the violating spouse.
| Key Facts | Details |
|---|---|
| Filing Fee | $120 (as of May 2026) |
| Waiting Period | 60 days minimum |
| Residency Requirement | 6 months in Maine |
| Grounds | No-fault (irreconcilable differences) |
| Property Division | Equitable distribution |
| Preliminary Injunction | Automatic upon service (Form FM-038) |
| Joint Account Access | Restricted to necessities without consent |
Understanding Maine's Automatic Preliminary Injunction for Joint Accounts
Maine law automatically issues a preliminary injunction when divorce papers are served, prohibiting either spouse from transferring, concealing, or disposing of marital assets—including joint bank accounts—without written consent or court permission under 19-A M.R.S. § 903. This injunction takes effect immediately upon service and remains in force until the court modifies it or the divorce is finalized. Unlike states that require you to petition for asset protection, Maine's system provides automatic safeguards, though you must obtain Form FM-038 (Family Matter Summons and Preliminary Injunction) from a District Court clerk for $5.00 before filing.
The preliminary injunction carries the full force of a court order. Violating it can result in contempt of court charges, with the violating spouse being required to pay the other party's attorney fees and costs incurred to enforce the injunction. The injunction specifically prohibits:
- Transferring assets except in the usual course of business
- Withdrawing funds beyond necessities of life
- Removing the other party or children from health insurance coverage
- Damaging, destroying, or concealing marital property
- Incurring new debt beyond ordinary living expenses
What Constitutes Permitted Withdrawals Under Maine Law
Despite the preliminary injunction, Maine law under 19-A M.R.S. § 903(B-1) permits certain withdrawals from joint accounts without violating the court order. You may access joint funds to pay for housing costs including rent, mortgage payments, and utilities. Transportation expenses including car payments, insurance, and fuel are permitted. Medical expenses, childcare costs, school-related expenses, and food purchases fall under the necessities exception. Attorney fees for the divorce proceeding are explicitly permitted, as are regular retirement withdrawals and business operating expenses.
These exceptions were clarified by PL 2023, c. 204, §2, which amended the statute to provide clearer guidance on permitted uses. The key distinction is between withdrawals for legitimate living expenses versus withdrawals intended to deplete marital assets or gain financial advantage. Courts scrutinize large or unusual withdrawals made after divorce proceedings begin. A spouse who depletes $50,000 from a joint account claiming "necessities" when their monthly expenses total $3,000 will face offsetting adjustments in the final property division.
Step-by-Step Process for Closing Joint Accounts During Divorce in Maine
Closing joint accounts during a Maine divorce requires following specific procedures to avoid violating the automatic preliminary injunction while protecting your financial interests. The process differs depending on whether you have written consent from your spouse, a court order, or need to petition for modification of the injunction.
With Spouse's Written Consent
- Draft a written agreement specifying which accounts will be closed
- Include account numbers, institutions, and division of funds
- Both spouses sign and date the agreement
- Present the signed agreement to your financial institution
- Request account closure and distribute funds per the agreement
- Retain copies of all documentation for court records
Without Spouse's Consent
- File a motion to modify the preliminary injunction with the District Court
- Include an affidavit demonstrating good cause for account closure
- Serve notice on your spouse (7 days required, or shorter if court permits)
- Attend the hearing where the court will determine whether to permit closure
- If approved, present the court order to your financial institution
- Close accounts only as specifically authorized by the order
Joint Bank Accounts: Division and Closure Strategies
Joint bank accounts opened during marriage are presumed marital property under 19-A M.R.S. § 953, regardless of which spouse's income funded the account. Maine courts divide these accounts using equitable distribution, which means fair—not necessarily equal—division based on factors including each spouse's contribution to the marriage, economic circumstances, and future needs. The average joint checking account balance in Maine divorces ranges from $5,000 to $25,000, with higher-asset cases involving six-figure account balances requiring more complex division strategies.
When closing joint accounts during divorce, consider these proven approaches:
| Strategy | Best For | Process | Timeline |
|---|---|---|---|
| Immediate 50/50 Split | Amicable divorces | Written agreement, close account, divide funds equally | 1-3 days |
| Freeze and Hold | Contested cases | Court order freezing account until final judgment | Until divorce finalized |
| Gradual Drawdown | Ongoing bills | Each spouse withdraws half, leaves minimum for shared expenses | 30-60 days |
| Attorney Escrow | High-conflict cases | Transfer to attorney trust account pending resolution | Until final order |
Removing Your Spouse from Joint Credit Cards and Lines of Credit
Removing a spouse from joint credit card accounts during a Maine divorce presents unique challenges because creditors are not legally required to remove a co-borrower from existing accounts. The most effective approach is closing joint credit cards entirely and having each spouse apply for individual accounts. If your spouse is merely an authorized user (not a joint account holder), you can contact the creditor to remove them immediately—authorized users have no ownership stake and their removal doesn't require consent.
For joint credit card debt, Maine courts assign responsibility during property division, but this assignment doesn't bind the creditor. If your divorce judgment requires your ex-spouse to pay a $10,000 joint credit card balance but they default, the creditor can still pursue you for the full amount. Your recourse is to return to court for enforcement, but your credit score may suffer in the interim. The safest approach is paying off joint credit card debt from marital assets before finalizing the divorce, or refinancing debt into the responsible party's name only.
Protecting Yourself from Spouse Draining Joint Accounts
Although Maine's preliminary injunction provides automatic protection, some spouses violate the order by draining joint accounts before service or in disregard of the injunction. If your spouse withdraws $20,000 from a joint account containing $40,000 after service of divorce papers, you have several remedies. The court can credit you with that $20,000 in the final property division—meaning your spouse has effectively "received" their share already. In egregious cases, courts may award you more than 50% of remaining marital assets as compensation for dissipation.
To protect yourself proactively:
- Document all account balances before filing (screenshots, statements)
- Request transaction history showing account activity
- Serve divorce papers quickly to trigger the preliminary injunction
- File a motion for contempt if your spouse violates the injunction
- Consider opening an individual account for depositing your paycheck
- Monitor joint accounts weekly during proceedings
Timing Considerations: When to Close Joint Accounts
The timing of closing joint accounts during divorce in Maine depends on your case's complexity and your relationship with your spouse. In uncontested divorces where both parties cooperate, closing joint accounts can happen within the first 30 days after filing, with written agreement dividing funds. The 60-day mandatory waiting period in Maine provides sufficient time to complete financial separation before the final hearing. In contested cases, joint accounts may remain frozen or minimally accessible until the court issues final orders 12-18 months later.
Optimal timing strategies based on divorce type:
- Uncontested divorce: Close accounts within 30-45 days with written agreement
- Mediated divorce: Address account closure during mediation sessions (typically weeks 4-8)
- Contested divorce: Petition for court-ordered closure or wait for final judgment
- Emergency situations: Request expedited hearing for preliminary injunction modification
Handling Shared Debts and Bills During Divorce
While separating finances, you must continue paying shared obligations to avoid damage to both spouses' credit scores. Maine courts consider both spouses responsible for marital debt regardless of whose name appears on the account. The preliminary injunction permits paying regular household expenses, so maintaining mortgage, utility, and insurance payments doesn't violate the injunction. However, courts expect both parties to contribute proportionally based on income during the pendency of the divorce.
Create a separation budget addressing:
- Mortgage or rent payments (typically 25-30% of household income)
- Utility bills (electric, gas, water, internet)
- Insurance premiums (health, auto, homeowners)
- Minimum debt payments on joint credit cards
- Children's expenses (school, activities, medical)
Document every payment you make from joint or separate funds. If you pay $15,000 in mortgage payments during the divorce while your spouse contributes nothing, the court may credit you for that amount in the final property division or adjust spousal support accordingly.
Opening Individual Accounts During Divorce
Maine law permits opening individual bank accounts during divorce proceedings without violating the preliminary injunction. You may deposit your paycheck into a new individual account rather than the joint marital account—this is considered reasonable financial separation, not dissipation of assets. However, you should continue contributing your proportional share toward household expenses even after redirecting income. Courts look unfavorably on spouses who open individual accounts to hoard income while the other spouse struggles to pay bills.
When opening a new individual account:
- Choose a different financial institution than your joint accounts if possible
- Inform your employer to direct deposit to the new account
- Document the account opening with date and initial balance
- Continue paying your share of joint obligations
- Maintain records showing income deposits and expense payments
Financial Disclosure Requirements in Maine Divorce
Maine law mandates complete financial disclosure within 21 days of the scheduling order when property division or spousal support is at issue. You must file a sworn financial statement (Form FM-050) listing every bank account, credit card, loan, and asset. Intentionally hiding accounts constitutes fraud and can result in sanctions, adverse judgments, or reopening of the divorce if discovered later. The disclosure requirement applies to both joint and individual accounts, including those held in other states or countries.
Required disclosures include:
- All checking and savings accounts with current balances
- Money market accounts and certificates of deposit
- Credit card accounts with balances owed
- Lines of credit and home equity loans
- Investment accounts and retirement funds
- Business accounts if self-employed
- Digital assets including cryptocurrency holdings
Cost of Closing Joint Accounts During Divorce in Maine
The direct costs of closing joint accounts during divorce in Maine are minimal—most banks charge no fee for account closure. However, indirect costs can be significant depending on your approach. The filing fee for divorce is $120, with an additional $5 for the summons containing the preliminary injunction. If you must petition the court to modify the preliminary injunction to close accounts over your spouse's objection, expect to pay attorney fees ranging from $500 to $2,000 for the motion, hearing preparation, and court appearance.
| Cost Category | Amount | Notes |
|---|---|---|
| Divorce filing fee | $120 | As of May 2026, verify with clerk |
| Summons with injunction | $5 | Form FM-038, in-person purchase |
| Sheriff service | $25-$50 | Varies by county |
| Motion to modify injunction | $25 | Court filing fee |
| Attorney for motion | $500-$2,000 | If contested |
| Bank account closure | $0-$25 | Most banks free |
| Wire transfer fees | $25-$50 | If transferring funds to new account |
Frequently Asked Questions
Can I close a joint bank account during divorce in Maine without my spouse's consent?
You cannot unilaterally close a joint bank account during a Maine divorce without violating the automatic preliminary injunction under 19-A M.R.S. § 903. The injunction prohibits transferring or disposing of marital assets without written consent or court permission. To close an account without consent, you must file a motion to modify the preliminary injunction, provide 7 days' notice to your spouse, and attend a hearing where you demonstrate good cause for closure.
What happens if my spouse drains our joint account during divorce?
If your spouse withdraws funds from a joint account in violation of Maine's preliminary injunction, you have multiple remedies. File a motion for contempt of court, which can result in your spouse paying your attorney fees and costs. During property division, the court will credit you with the amount your spouse improperly withdrew—effectively treating those funds as already distributed to your spouse. In cases of substantial dissipation, courts may award you more than 50% of remaining marital assets.
When does Maine's preliminary injunction take effect?
Maine's preliminary injunction takes effect immediately upon service of the divorce complaint on the defendant spouse. The plaintiff is bound by the injunction upon filing. This means from the moment your spouse receives the divorce papers, both of you are prohibited from transferring joint account funds except for necessities of life, business operations, attorney fees, or retirement withdrawals as specified in 19-A M.R.S. § 903(B-1).
Can I deposit my paycheck into a new individual account during divorce?
Yes, you may open an individual bank account and deposit your paycheck there during a Maine divorce. This is considered reasonable financial separation and does not violate the preliminary injunction. However, you must continue contributing your proportional share toward household expenses including mortgage, utilities, and children's costs. Courts expect both spouses to maintain the marital standard of living during proceedings to the extent financially possible.
How are joint credit card debts divided in Maine divorce?
Maine courts divide marital debts using equitable distribution under 19-A M.R.S. § 953. Joint credit card debt incurred during marriage is typically divided based on factors including each spouse's income, earning capacity, and which spouse received related assets. However, creditors are not bound by divorce judgments—if your ex defaults on assigned debt, the creditor can pursue you. The safest approach is paying off joint debt from marital assets or refinancing into individual accounts before finalizing.
What is the filing fee for divorce in Maine in 2026?
The filing fee for divorce in Maine is $120 as of May 2026. Additional costs include $5 for the summons containing the preliminary injunction (Form FM-038), and $25-$50 for sheriff service. Total initial filing costs range from $150-$175. Fee waivers are available for individuals receiving TANF, SSI, or general assistance through Form CV-067. Verify current fees with your local District Court clerk as amounts may change.
How long does it take to finalize a divorce in Maine?
Maine requires a minimum 60-day waiting period between filing and finalization. Uncontested divorces where both parties agree on all issues typically finalize in 3-4 months total. Contested divorces requiring litigation over property division, custody, or support take 12-18 months or longer. The waiting period cannot be waived and begins when the defendant is served with divorce papers. Use this time to negotiate financial separation terms including joint account closure.
Can I remove my spouse from joint accounts if they're an authorized user?
If your spouse is an authorized user on your credit card or bank account—not a joint account holder—you can remove them without their consent or court permission. Contact your financial institution directly to request removal. Authorized users have access privileges but no ownership stake, so removing them doesn't transfer or dispose of marital property under the preliminary injunction. Joint account holders, however, require consent or court order for any changes.
What documentation should I gather before closing joint accounts?
Before closing joint accounts, gather comprehensive documentation including 12 months of bank statements, current account balances on the date of separation, transaction history showing deposits and withdrawals, any automatic payments or direct deposits linked to accounts, and documentation of who funded the account. This evidence supports equitable division in court and protects against claims of hidden assets or improper withdrawals.
Does Maine have automatic temporary restraining orders like California?
Maine has an automatic preliminary injunction under 19-A M.R.S. § 903 that functions similarly to California's ATROs but with key differences. Maine's injunction takes effect upon service (not filing), prohibits asset transfers except for necessities, and remains in force until modified or the case concludes. Unlike some states, Maine's injunction specifically lists permitted exceptions including paying for housing, utilities, food, medical expenses, childcare, and attorney fees without requiring prior court approval.