While a Montana divorce is pending, either spouse may ask the court for temporary orders under MCA § 40-4-121: temporary maintenance (the statutory word for alimony), temporary child support, a temporary family support order that assigns the household's bills, and temporary injunctions that restrain a spouse's conduct. The request is made by motion with a sworn affidavit. This page is part of the filing section of our Montana Divorce Guide.
What Is Already in Place Without Asking
One order exists from day one. The automatic economic restraining orderattached to the summons already bars both spouses from disposing of marital property, changing beneficiaries, and canceling insurance (MCA § 40-4-126). It does not, however, tell anyone to pay anything. If the mortgage, the children's expenses, or a spouse's basic needs are not being covered, that takes a motion.
Parenting schedules are handled under a different statute. See interim parenting plans.
Temporary Maintenance, Child Support, and Family Support
Subsection (1) offers three kinds of financial order.
- Temporary maintenance for a spouse. The court acts "in conformity with" the maintenance statute, MCA § 40-4-203, which asks whether the spouse lacks sufficient property for reasonable needs and is unable to be self-supporting through appropriate employment. See temporary maintenance during divorce.
- Temporary child support. It "must be determined as required in 40-4-204," the child support statute, which applies the state's uniform child support guidelines.
- A temporary family support order. This directs one or both spouses to pay, out of certain income sources, the liabilities of the marital estate during the case. If income is not enough to cover the periodic bills, the order may direct that certain liabilities be paid from marital assets.
A family support order is flexible by design. It is entered "without prejudice," and at any time the court may designate the payments as temporary maintenance, temporary child support, or partial property distribution, retroactive to the date of the motion. When a spouse is receiving public assistance for the children, the order must state the child support and maintenance portions separately.
The Affidavit
The motion "must be accompanied by an affidavit" that sets out:
- the factual basis for the motion;
- the amounts requested;
- a list of marital estate liabilities;
- a statement of the sources of income of the parties and of any child entitled to support; and
- for a family support order, a proposal designating who should pay each liability.
This is a sworn statement, and the numbers in it should match your financial disclosure. An affidavit that is specific about monthly bills and income gives the judge something to work with. One that is vague or inflated does not help the person who signed it.
Temporary Injunctions
As part of a support motion, or by a separate motion with an affidavit, either spouse may ask for a temporary injunction granting any of the following (MCA § 40-4-121(2)):
| § 40-4-121 | Relief the court may order |
|---|---|
| (2)(a) | Restricting, enhancing, or otherwise modifying or reaffirming the automatic economic restraining order |
| (2)(b) | Enjoining a party from molesting or disturbing the peace of the other party or any family member, or from stalking |
| (2)(c) | Excluding a party from the family home or the other party's home, on a showing that physical or emotional harm would otherwise result |
| (2)(d) | Enjoining a party from removing a child from the jurisdiction of the court |
| (2)(e) | Ordering a party to complete counseling, including alcohol or chemical dependency counseling or treatment |
| (2)(f) | Other injunctive relief proper in the circumstances |
| (2)(g) | Additional relief available under the order of protection statutes, Title 40, chapter 15 |
An injunction issued under this section must conspicuously state that violating it is a criminal offense (MCA § 40-4-121(8)(c)). At the hearing the court must also tell both spouses that the injunction may contain provisions limiting firearm rights under state or federal law, and must decide whether good cause exists for it to continue for 1 year (MCA § 40-4-121(6)).
Notice, Hearings, and Emergency Orders
The ordinary rule is notice and a hearing. The spouse against whom a temporary injunction is sought "must be served with notice and a copy of the motion and is entitled to a hearing." A response may be filed within 21 days after service of the notice of motion, or at the time specified in a temporary restraining order (MCA § 40-4-121(5)).
The exception is the temporary restraining order. The court may issue one without notice to the other spouse, for no more than 21 days, "only if it finds on the basis of the moving affidavit or other evidence that irreparable injury will result to the moving party if an order is not issued until the time for responding has elapsed" (MCA § 40-4-121(4)).
If you are in danger, do not wait on a divorce motion. Call 911. The National Domestic Violence Hotline is 1-800-799-7233. Montana's order of protection process is separate from the divorce and is covered on our page about orders of protection during a divorce and in the Montana Domestic Violence Guide. When a petitioner has fled the residence, notice of the new address must be withheld except by court order for good cause (MCA § 40-4-121(9)).
How Long Temporary Orders Last
A temporary order or injunction under this section "terminates upon order of the court or when the petition is voluntarily dismissed and, in the case of a temporary family support order, upon entry of the decree of dissolution" (MCA § 40-4-121(8)(b)). Before then it can be revoked or modified on an affidavit showing the kind of facts that would justify modifying a final decree.
While a temporary order is in force, it has to be followed even if the other spouse is not following theirs. The statute on independence of provisions says that if one party fails to comply with a temporary order, the other's obligation to pay support or maintenance, or to permit parental contact, "is not suspended," and the remedy is a motion to the court (MCA § 40-4-109).
Agreeing Instead of Litigating
Spouses do not need a contested hearing to have temporary terms. Many of these arrangements can be agreed to in writing and presented to the court for approval. Who stays in the house, who pays which bills, and how accounts are used are questions two people can often settle with good information and some help. A&M Law represents individual clients in divorce cases, and through Cooperative Family Law the firm serves as a neutral for spouses who want to work out terms together. Where there is abuse, coercion, or hidden money, agreement may not be safe, and a court order is the right tool.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.