Montana law lets a court order one spouse to support the other after a divorce, but the statutes call it maintenance, not alimony or spousal support. A court can order it only after making two specific findings about the spouse who asks, and the amount and length are set case by case from six factors. There is no formula. This page is the overview for the maintenance and money section of our Montana Divorce Guide.
The Two Findings That Come First
Under MCA § 40-4-203(1), a court "may grant a maintenance order for either spouse only if it finds" that the spouse seeking maintenance:
- lacks sufficient property to provide for the spouse's reasonable needs, and
- is unable to be self-supporting through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Both findings are required. A spouse who leaves the marriage with enough property to meet reasonable needs does not reach the second question. So the property division usually has to be worked out first. Our guide to who qualifies for maintenance goes through each part, and how property is divided in Montana explains the step that comes before it.
The Six Factors for Amount and Length
If the threshold is met, the maintenance order "must be in amounts and for periods of time that the court considers just, without regard to marital misconduct, and after considering all relevant facts," including six that the statute lists.
| Factor | What the statute says | MCA |
|---|---|---|
| Financial resources of the spouse asking | Includes the marital property apportioned to that spouse, the ability to meet needs independently, and any part of a child support award meant for that spouse as custodian | § 40-4-203(2)(a) |
| Time for education or training | The time necessary to acquire enough education or training to find appropriate employment | § 40-4-203(2)(b) |
| Standard of living | The standard of living established during the marriage | § 40-4-203(2)(c) |
| Length of the marriage | The duration of the marriage | § 40-4-203(2)(d) |
| Age and health | The age and the physical and emotional condition of the spouse seeking maintenance | § 40-4-203(2)(e) |
| The other spouse's ability to pay | The ability of the spouse who would pay to meet that spouse's own needs while meeting those of the spouse seeking maintenance | § 40-4-203(2)(f) |
The list is not exclusive. The words "all relevant facts, including" leave room for other facts that bear on need and ability to pay.
No Formula, and Fault Is Not Considered
Some states publish a maintenance formula or a schedule tied to the length of the marriage. Montana's statute contains neither. Two couples with similar incomes can end up with different results because their property, health, ages, and work histories differ. That also means no one can responsibly promise a number or a length of time before the financial facts are known.
The statute also takes fault off the table. Maintenance is decided "without regard to marital misconduct." An affair or the reasons the marriage ended do not raise or lower the award. What does matter is money: what each spouse has, earns, and needs.
Temporary Maintenance, Length, and Changes Later
Maintenance questions come up at three points in a case, and each has its own rule.
- During the case. Either spouse may ask for temporary maintenance by motion and affidavit under MCA § 40-4-121. See temporary maintenance during divorce.
- In the decree. The court or the spouses set the amount and the period. See how long maintenance lasts.
- After the decree. A court can modify maintenance only on a showing of changed circumstances "so substantial and continuing as to make the terms unconscionable," or with both parties' written consent (MCA § 40-4-208(2)(b)). See modifying or ending maintenance.
If a spouse stops paying what a decree requires, the order can be enforced like any other judgment, including through contempt. Our guide to enforcing a divorce decree covers the tools.
Agreements About Maintenance
Spouses do not have to leave maintenance to a judge. MCA § 40-4-201 allows a written separation agreement that covers maintenance, and its maintenance terms are binding on the court unless the court finds the agreement unconscionable after looking at the spouses' economic circumstances. An agreement can set an amount, an end date, or a waiver, and it can expressly limit or bar later modification (§ 40-4-201(6)). Because a term like that can be difficult to undo, it deserves careful thought before signing.
A&M Law offers Cooperative Family Law, in which the firm serves as a neutral for both spouses, who meet together, and represents the process rather than either spouse. Each spouse remains free to consult their own lawyer. The firm also represents individual clients in traditional divorce cases. Our spousal support page describes that work.
The Money Questions That Travel With Maintenance
Maintenance is one piece of a larger financial picture. The rest of this section covers the pieces people ask about most:
- Maintenance and taxes: who pays federal income tax on maintenance under current law.
- Health insurance after divorce: COBRA, Montana conversion rights, and marketplace enrollment.
- Social Security and divorce: benefits on a former spouse's record.
- Attorney fees in a Montana divorce: when a court can order one spouse to contribute to the other's costs.
- Bankruptcy and divorce: which divorce obligations survive a bankruptcy.
- Life insurance and beneficiaries: what you can and cannot change, and when.
Maintenance is separate from child support, which is set under statewide guidelines and belongs to the children.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.