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Montana Alimony Laws and Spousal Support

Either party may be awarded Montana alimony or spousal support if it is shown that the requesting party:

• has an inability to support his or herself; and

• lacks sufficient property (including his or her share of any marital property) to provide for his or her own needs; or

• that the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment.

In awarding the amount and duration of alimony or spousal support, a Montana Court will consider the following factors:

• the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity;

• the standard of living established during the marriage;

• the duration of the marriage;

• the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;

• the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and any child support and such spouse's ability to meet his or her needs independently;

• the age of the spouses; and

• the physical and emotional conditions of the spouses.

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