Alimony and Spousal Support in Montana

Maintenance may be awarded only if the spouse seeking it lacks enough property for reasonable needs and cannot be self-supporting through appropriate employment, or is caring for a child whose circumstances make it appropriate not to work outside the home. The amount and length are what the court considers just, without regard to marital misconduct, considering the requesting spouse's financial resources and ability to meet needs, time needed for education or training, the marital standard of living, the length of the marriage, the requesting spouse's age and health, and the other spouse's ability to pay. The statute sets no formula. Spouses using summary dissolution must waive maintenance.

Montana is an equitable distribution state. The court equitably divides all property and assets belonging to either or both spouses, however and whenever acquired and in whoever's name, without regard to marital misconduct. Factors include the length of the marriage and any prior marriage; each spouse's age, health, station, occupation, income, vocational skills, employability, estate, debts and needs; custody arrangements; whether the division replaces or adds to maintenance; future earning opportunities; and contributions to or dissipation of the estates, including as a homemaker. For property owned before the marriage, gifts and inheritances, property exchanged for them, their increase in value, and property acquired after a legal separation, the court considers the other spouse's contributions, such as homemaking and helping maintain the property.