You may remarry as soon as your decree of dissolution is entered. Montana's dissolution statute sets no waiting period. What a new relationship does to the rest of the decree depends on which part you are asking about: remarriage ends most maintenance for the person receiving it, does not by itself change child support, and does not rewrite a parenting plan. This article goes through each. It is part of our Montana Divorce Guide.
When You Are Free to Remarry
"A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal" (MCA § 40-4-108(1)). The statute goes on to say that an appeal that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of the part of the decree that dissolves the marriage, "and either of the parties may remarry pending appeal."
Two cautions. First, a decree of legal separation does not end the marriage, so a legally separated person cannot remarry until the decree is converted to a dissolution. Second, if you are the one appealing and your appeal does challenge whether the marriage is broken, talk to a lawyer before making plans.
What Remarriage Changes at a Glance
| Part of the decree | Effect of remarriage | Source |
|---|---|---|
| Maintenance you receive | Future maintenance ends when you remarry, unless the decree or a written agreement says otherwise. | § 40-4-208(4) |
| Maintenance you pay | Your own remarriage is not a listed ground for ending it. Any change requires a modification. | § 40-4-208(2)(b), (4) |
| Child support | A new spouse's income is not counted as the parent's income under the guidelines. | ARM 37.62.105(3)(a) |
| Parenting plan | No automatic change. A plan can be amended if the child's circumstances change and the child's best interest requires it. | § 40-4-219(1) |
| Property division | No effect. Property terms are final except in narrow cases. | § 40-4-208(3) |
| Your will and beneficiaries | No automatic update for a new spouse under the divorce revocation statute. Review them. | § 72-2-814 |
Maintenance: Remarriage Usually Ends It
Maintenance is Montana's term for what many people call alimony. The rule is in one sentence: "Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance" (MCA § 40-4-208(4)).
Three things follow from the wording.
- It is the recipient's remarriage that matters. The paying spouse's remarriage is not on the list.
- The rule covers future maintenance. Payments that were already due before the remarriage are still owed.
- The decree can say otherwise. Some settlements provide that payments continue for a fixed term regardless of remarriage. Read the language of your own decree.
The statute does not mention living with a partner without marrying. Unless your decree addresses it, cohabitation does not end maintenance automatically. A paying spouse would have to file a motion and meet the modification standard: changed circumstances "so substantial and continuing as to make the terms unconscionable" (MCA § 40-4-208(2)(b)(i)). Whether a particular living arrangement meets that standard depends on the facts, especially its effect on the recipient's actual financial need. And some decrees expressly preclude or limit modification of maintenance, which the law allows (MCA § 40-4-201(6)).
If you pay maintenance and learn your former spouse has remarried, do not guess. Confirm the fact, check the decree for contrary language, and get advice before you stop paying. For more, see modifying or ending maintenance.
Child Support: A New Spouse's Income Is Not Counted
No Montana statute ends or reduces child support because a parent remarries. Support is calculated under the Montana Child Support Guidelines, and the guidelines' income rule says that income for child support does not include "income attributable to subsequent spouses, domestic associates, and other persons who are part of the parent's household" (ARM 37.62.105(3)(a)). The guidelines' definitions also say a stepchild is not considered an "other child" of the parent (ARM 37.62.103(10)).
So the paying parent's new spouse does not owe support for your child, and the receiving parent's new spouse does not reduce what the other parent owes. A remarriage can still change the facts around the edges, for example if a parent stops working. The guidelines address that separately through imputed income. Any change to an existing order requires a modification. See modifying child support.
New Partners and the Parenting Plan
A new relationship does not amend a parenting plan. The schedule and decision-making terms stay in force until the court changes them, and the court may amend a plan only if a change has occurred in the child's circumstances and the amendment is necessary to serve the child's best interest (MCA § 40-4-219(1)).
That said, the people in a child's household are part of the best interest analysis. The factors include the child's interaction with "any other person who significantly affects the child's best interest" and the child's adjustment to home (MCA § 40-4-212(1)(c), (d)). And if a person residing in a parent's household has been convicted of one of the crimes listed in MCA § 40-4-219(8)(b), which include partner or family member assault and sexual offenses, the other parent may file an objection to the current parenting order, with short response deadlines.
A few practical points, which are judgment rather than law:
- Check your plan for any terms about introducing new partners or overnight guests.
- Tell the other parent before the children do. It is easier on everyone.
- A stepparent can help with daily care, but the plan's decision-making authority belongs to the parents.
- If remarriage means a move, the notice rules apply. See moving after divorce with children.
If you have a safety concern about someone in the other household, call 911 in an emergency. The National Domestic Violence Hotline is 1-800-799-7233.
Dating Before the Decree
Montana is a no-fault state in the sense that matters here. The court divides property "without regard to marital misconduct" (MCA § 40-4-202(1)) and sets maintenance the same way (MCA § 40-4-203(2)). A new relationship during the case is not a legal basis for awarding one spouse less.
It is not risk-free either. The property statute directs the court to consider "dissipation of value" of the marital estate, so spending marital funds on a new partner can be raised. And while the case is open, both of you are still married, the automatic economic restraining order is in effect, and anything involving the children is being looked at closely.
Before You Remarry: Paperwork Worth Doing
A second marriage brings two financial histories together, sometimes with children on one or both sides. A premarital agreement is one way to set expectations. Review your will and beneficiary forms too, since the law that removed your former spouse does not add your new one. See updating wills and beneficiaries after divorce.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.