Montana alimony calculator

Montana maintenance eligibility

A Montana court must make threshold findings before it can award maintenance.

Montana Code §40-4-203 says the spouse seeking maintenance must lack sufficient property to provide for reasonable needs and must either be unable to be self-supporting through appropriate employment or be caring for a child whose condition or circumstances make outside employment inappropriate. [1]

This calculator does not reduce those findings to checkboxes because the meaning of sufficient property, reasonable needs, and appropriate employment depends on the evidence in the case.

Montana maintenance amount and duration

Montana courts set the amount and duration after considering statutory factors, without considering marital misconduct.

If the threshold requirements are met, §40-4-203 says the maintenance order must be in amounts and for periods the court considers just. The court considers the requesting spouse's financial resources, time needed for education or training, the marital standard of living, marriage duration, age and physical and emotional condition, and the other spouse's ability to meet both parties' needs. [1]

The statute expressly says this decision is made without regard to marital misconduct. It does not provide a statewide percentage formula or marriage-length duration table, so this page compares a payment selected by the visitor instead of presenting a predicted award.

Montana court terminology

Montana courts use the term “maintenance” for spousal support.

The Montana Judicial Branch's divorce guidance describes spousal maintenance as alimony, or money one spouse may ask the other spouse to pay for living expenses during or after a dissolution case. [2]