Montana Divorce Guide

Modifying or Ending Maintenance in Montana

A maintenance order can be changed, but the statute sets a high bar and only reaches payments that come due after the other side has notice.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: August 21, 2026

Key Takeaways: Modifying or Ending Maintenance in Montana

A decree with maintenance terms can be modified on a showing of changed circumstances "so substantial and continuing as to make the terms unconscionable" or on the parties' written consent (MCA § 40-4-208(2)(b)).
A change reaches only installments that accrue after actual notice of the motion to the parties (MCA § 40-4-208(1)). Past-due amounts stay owed.
If the decree and agreement expressly bar or limit modification of maintenance, that term controls (MCA § 40-4-201(6)).
If a decree has no maintenance or support provisions, the statute allows modification on that subject only within 2 years of the decree (MCA § 40-4-208(2)(a)).
Future maintenance ends automatically on the death of either party or the recipient's remarriage, unless a written agreement or the decree says otherwise (MCA § 40-4-208(4)).
Until a court changes the order, the order stands. Keep paying, and file promptly.

A Montana court can modify maintenance (alimony) after the divorce, but only on a showing of changed circumstances "so substantial and continuing as to make the terms unconscionable," or when both former spouses consent in writing. The change reaches only payments that come due after the other side has actual notice of the motion. Those rules are in MCA § 40-4-208. This page is part of our Montana Divorce Guide.

The Standard: Substantial, Continuing, Unconscionable

When a decree contains maintenance provisions, § 40-4-208(2)(b) allows modification in limited situations. Two apply to most maintenance cases:

"upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable"; or
"upon written consent of the parties."

Each word in the first standard does work. The change has to be substantial, so a modest raise or a small increase in expenses is unlikely to qualify. It has to be continuing, so a temporary layoff or a one-time expense presents a weaker case than a lasting change. And the result has to be that the existing terms are unconscionable, a word the statute does not define and that courts apply to the facts in front of them.

The person asking for the change carries the burden of showing it. That means evidence: income records, medical records, proof of a job search, and a clear comparison between circumstances at the time of the decree and now.

Only Future Payments Can Be Changed

Section 40-4-208(1) says a decree "may be modified by a court as to maintenance or support only as to installments accruing subsequent to actual notice to the parties of the motion for modification."

In plain terms, a judge cannot go back and erase or reduce payments that came due before the other party knew about the motion. If your circumstances change in March and you file in September, the months in between are owed at the old amount. This is the reason not to wait and not to stop paying. Unpaid installments can be collected through the remedies in our guide to enforcing a divorce decree.

When the Decree Bars Modification

Both of the rules above begin with an exception for MCA § 40-4-201(6). That subsection lets a decree "expressly preclude or limit modification" of terms in it, if the spouses' separation agreement provides for that. The exception does not extend to terms about support of, parenting of, or parental contact with children, which always stay modifiable.

So the first step in any maintenance modification is to read the decree and the agreement. If they say maintenance is non-modifiable, or modifiable only in listed events, the court generally works within those limits. If they say nothing, the statutory standard applies. The marital settlement agreement guide explains how these clauses are written.

Time Limits in the Statute

Section 40-4-208(2) contains two time rules worth knowing.

Decrees with no maintenance or support terms. When the decree "does not contain provisions relating to maintenance or support," modification on that subject "may only be made within 2 years of the date of the decree" (§ 40-4-208(2)(a)).
A 12-month limit. Subsection (2)(b) also says that a modification under it "may not be made within 12 months after the establishment of the order or the most recent modification." That sentence sits alongside language about child support and state child support services, and how it applies to a maintenance-only request is a question to review with a lawyer.

Both rules have an exception for cases involving a failure to disclose assets and liabilities under MCA §§ 40-4-251 through 40-4-258.

Endings That Need No Motion

Some endings happen by operation of the statute or the decree. 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" (§ 40-4-208(4)). A fixed end date in the decree works the same way. Our page on how long maintenance lasts covers these.

Other life changes, such as retirement, disability, a new household, or a large change in either person's income, are not automatic. They are reasons a person might file a motion, and each is measured against the unconscionability standard.

What Cannot Be Reopened This Way

Maintenance is modifiable. The property division generally is not. Section 40-4-208(3) says property provisions "may not be revoked or modified by a court" except on written consent of the parties or when conditions exist that justify reopening a judgment under Montana law. That difference is one reason the label on a payment matters when a settlement is drafted. See can you change a divorce decree later and reopening a divorce judgment.

Changing Maintenance by Agreement

Written consent is the other path in the statute. Former spouses who agree that the amount or the end date should change can put that in writing and ask the court to enter it as an order, which keeps the decree and the actual arrangement in step. An informal side deal that never reaches the court leaves the original order in place and can cause trouble later for both people.

For the original test and factors, see our maintenance overview. For child support changes, which follow the guidelines and a different part of the same statute, see modifying child support.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

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FAQ

Modifying or Ending Maintenance in Montana FAQ

Can alimony be changed after the divorce in Montana?

Yes, unless your decree expressly bars modification. A court may modify maintenance on a showing of changed circumstances so substantial and continuing as to make the terms unconscionable, or on the written consent of both parties (MCA § 40-4-208(2)(b)). The change applies only to payments that come due after the other party has actual notice of the motion.

I lost my job. Can I stop paying maintenance?

Not on your own. The order stays in force until a court modifies it, and a court can modify only installments accruing after actual notice of your motion (MCA § 40-4-208(1)). If your income has dropped, talk to a lawyer about filing promptly, and keep paying what you can in the meantime because unpaid amounts remain enforceable.

Can maintenance be increased?

The statute does not limit modification to reductions. A recipient can ask for an increase under the same standard: changed circumstances so substantial and continuing as to make the existing terms unconscionable. A decree that bars or limits modification restricts both sides.

What does unconscionable mean?

The statute does not define it. In ordinary use it describes terms that have become grossly unfair, which is a higher bar than inconvenient or unequal. Courts have interpreted the standard case by case, so how it applies depends on the specific facts.

My ex remarried. Do I need a court order to stop paying?

The statute says the obligation to pay future maintenance is terminated on the recipient's remarriage unless otherwise agreed in writing or expressly provided in the decree (MCA § 40-4-208(4)). Read your decree and agreement first, because either can change that rule. If income withholding is in place or there is any doubt, get advice before you stop.

Thinking About Changing a Maintenance Order?

Bring your decree and any settlement agreement, and we can look at what the modification statute allows. Call 406-830-3060 for a confidential consultation.

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