What is maintenance?
The term alimony is referred to as maintenance in Montana Courts. The terms mean the same thing. Maintenance is a Court-ordered obligation of one spouse to provide support payments to the other spouse (usually monthly, and for a finite duration) after the marriage is dissolved.
When may maintenance be awarded?
Although maintenance is generally disfavored in Montana, a District Court Judge may order one spouse to pay maintenance to the other spouse when the spouse seeking maintenance (1) does not have enough income producing property to provide for their reasonable needs, and (2) is not able to be self-supporting through employment (including circumstances where the spouse has custody and is caring for of a special needs child).
If maintenance is authorized, how is duration and amount determined?
When determining the amount and duration of maintenance, the District Court Judge will consider all relevant factors, including each spouse’s respective incomes, any child support, the length of time necessary for training and education to secure appropriate employment, the standard of living established during the marriage, duration of the marriage, age and health, and the ability of the paying spouse to cover their own needs and pay maintenance at the same time.
Sometimes maintenance is appropriate, sometimes it is not. 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.