Montana Divorce Guide

Who Qualifies for Maintenance in Montana?

Before a Montana court can order maintenance, it has to make two findings about the spouse who asks. Here is what each one means.

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 9, 2026

In Montana, a spouse qualifies for maintenance (what most people call alimony) only if the court finds two things: that the spouse lacks sufficient property to provide for reasonable needs, and that the spouse is unable to be self-supporting through appropriate employment or is caring for a child whose condition makes outside work inappropriate. That test comes from MCA § 40-4-203(1). This page is part of our Montana Divorce Guide and goes through each part.

The Statute Says "Only If"

The opening words of § 40-4-203(1) set the tone. A court "may grant a maintenance order for either spouse only if it finds" both parts of the test. Two things follow from that sentence.

Maintenance is not presumed. A request has to be supported with evidence on both findings.
The word is "may." Even after the threshold is met, the court sets the amount and period it "considers just" under subsection (2).

The statute applies in a dissolution of marriage, in a legal separation, and in a proceeding for maintenance that follows a dissolution granted by a court that lacked personal jurisdiction over the absent spouse.

Finding One: Not Enough Property for Reasonable Needs

The first question is whether the spouse "lacks sufficient property to provide for the spouse's reasonable needs" (§ 40-4-203(1)(a)). Property here includes what that spouse will leave the marriage with. One of the listed factors refers directly to "marital property apportioned to that party."

That is why maintenance and property division are tied together. The court divides the marital estate under MCA § 40-4-202, and then asks whether what the spouse received, together with that spouse's earning ability, covers reasonable needs. If you are sorting out your own situation, start with how property is divided in Montana.

The statute does not define "reasonable needs." It does direct the court to consider the standard of living established during the marriage (§ 40-4-203(2)(c)), so needs are measured against how the family actually lived, within what the other spouse can pay.

Finding Two: Unable to Be Self-Supporting

The second question has two alternatives. The spouse must be either:

"unable to be self-supporting through appropriate employment," or
"the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home" (§ 40-4-203(1)(b)).

"Appropriate employment" is not defined in the statute. The factors give some direction: the court considers the time needed to get education or training to find appropriate employment, and the spouse's age and physical and emotional condition. A spouse who has been out of the workforce, or whose health limits work, presents different facts than a spouse with a current career.

The child alternative is narrow in its wording. It is not triggered simply by having children. It turns on a child's "condition or circumstances." Our pages on divorce for stay-at-home parents and divorce with a special needs child discuss those situations.

What Is Not Part of the Test

People often expect things to matter that the statute leaves out.

Fault. The threshold names only the two financial findings, and subsection (2) says amount and period are set "without regard to marital misconduct."
Gender. The order may be granted "for either spouse."
Who filed. Nothing in § 40-4-203 turns on which spouse started the case.
A minimum length of marriage. Duration is a factor for amount and length. It is not a gate.
A percentage of income. Montana has no maintenance formula.

How the Findings Are Proved

Both findings are financial, so they are proved with financial records. Montana requires each spouse to serve a preliminary declaration of disclosure listing all assets and liabilities within 60 days of service of the petition, along with an income and expense declaration (MCA § 40-4-252(1) and (5)). Those documents, plus pay records, tax returns, and a realistic budget, are the raw material for a maintenance request and for a response to one. See financial disclosure in a Montana divorce.

Full and honest disclosure matters on both sides. A decree may be modified for failure to disclose assets and liabilities, as provided in MCA §§ 40-4-251 through 40-4-258 (MCA § 40-4-208(8)).

After the Threshold: Amount and Length

Qualifying is step one. The amount and the period come from the six factors in § 40-4-203(2), which our maintenance overview sets out in a table. For the time question, see how long maintenance lasts. If you need support while the case is pending, a separate statute covers temporary maintenance.

Spouses can also settle the question themselves. A written agreement on maintenance binds the court unless it is unconscionable (MCA § 40-4-201(2)). Whether a court would find the threshold met in your case depends on facts no general article can weigh, so it is worth reviewing your numbers with a lawyer before you agree to pay, accept, or waive maintenance.

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

Montana Divorce Guide Divorce How Long Maintenance Lasts Modifying or Ending Maintenance Temporary Maintenance During Divorce Maintenance and Taxes

FAQ

Who Qualifies for Maintenance in Montana? FAQ

Am I entitled to alimony in Montana?

No one is automatically entitled to it. A Montana court may order maintenance only if it finds that you lack sufficient property for your reasonable needs and that you cannot be self-supporting through appropriate employment, or that you care for a child whose condition makes outside work inappropriate (MCA § 40-4-203(1)). Whether you meet that test depends on your property, income, and circumstances.

Can I get maintenance if I have a job?

Possibly. The statute asks whether you are able to be self-supporting through appropriate employment, not simply whether you are employed. A court looks at what you can earn against your reasonable needs and the property you will have after the divorce.

Does it matter how long we were married?

Length of marriage is not one of the two threshold findings. It is one of the six factors the court weighs for amount and duration once the threshold is met (MCA § 40-4-203(2)(d)). The statute sets no minimum number of years.

Does the property I receive in the divorce count against maintenance?

Yes. The first finding is about whether you lack sufficient property for your reasonable needs, and the statute tells the court to consider marital property apportioned to you (MCA § 40-4-203(2)(a)). A larger share of property can reduce or remove the need for maintenance.

My spouse was unfaithful. Does that help me qualify?

No. The threshold lists only the two financial findings, and the amount and length are set without regard to marital misconduct (MCA § 40-4-203(2)). The court's attention is on need and ability to pay.

Wondering Whether Maintenance Applies to You?

Bring what you know about your income, expenses, and property, and we can talk through how the threshold works. Call 406-830-3060 for a confidential consultation.

Call 406-830-3060 Send a Message