What is maintenance?
In Montana, alimony is referred to as maintenance. Maintenance is spousal support after dissolution of marriage.
When may maintenance be awarded?
Maintenance is generally disfavored in Montana. A Court may award maintenance only if the spouse seeking maintenance (1) lacks enough property to provide for his or her own reasonable needs, and (2) is unable to be self-supporting through employment (or has custody of a child whose condition or circumstances make it appropriate for the spouse not to be required to work outside the home).
If maintenance is authorized, how is duration and amount determined?
If maintenance is authorized, the Court will consider all relevant factors to determine the appropriate duration and amount of maintenance, including the financial resources of the spouse seeking maintenance, the spouse's ability to meet his or her own needs independently, any provision for the spouse in a child support agreement, how long it will take the spouse seeking maintenance to get the necessary training and education to find appropriate employment, the standard of living established during the marriage, the length of the marriage, the age and physical and emotional health of the spouse seeking maintenance, and the ability of the spouse paying maintenance to meet his or her own needs while also paying maintenance for the other spouse.
Sometimes maintenance is justified, sometimes it is not. The monetary value of maintenance can be substantial. A lot is at stake. Call André Gurr at Garden City Law to protect your rights. Prompt, precise, and professional service is guaranteed. Consultations are confidential, and usually free of charge. As an experienced and knowledgeable family law attorney in Missoula, André provides legal services throughout Western Montana, including Missoula, Mineral, Ravalli, Lake, Sanders, Flathead, Lewis and Clark, and Beaverhead County.
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