Alimony is the common name for what is termed as “maintenance” in Montana, or you can just think of it as “Montana alimony.” Or, some call it “ali-moan-y” because they do not want to pay it! Whatever you call it, and I will call it maintenance, it is something that must be considered in some divorces.
Just to set expectations from the beginning, I generally tell people that Montana courts do not generally favor maintenance awards. That is not to say that they do not happen, but they are not a “sure thing” in most situations. Still, every case should be evaluated on an individual basis. I can assist you with evaluating your maintenance claim, and give you information about what a judge might do in your case. However, it is important to remember that no lawyer can accurately predict what a judge might do, as anything can happen in court.
How does alimony work in divorce?
In Montana alimony is known as maintenance, and maintenance is an amount of money that one party in a divorce will pay to the other for a set amount of time. The parties can agree on an amount for maintenance, or a judge can decide how much the payor will pay. The factors used to determine how much maintenance is paid, and for how long, are set forth in statute. Maintenance is a separate determination from child support.
In order to receive maintenance, the requesting party must prove that they lack enough property to support their reasonable needs, and that they are unable to be self-supporting OR that they are the custodian of a child whose condition makes it inappropriate for the person to seek outside employment. The amount and duration of maintenance are determined by a number of factors, such as the duration of the marriage, age and physical and emotional condition of the requesting party, and standard of living established during the marriage. The determination of maintenance is not limited to these factors.
A lot of the maintenance determination comes down to how much money there is to be paid after the payor has covered their own reasonable living expenses. In other words, if your ex has a lot left after their monthly expenses, the more likely you are to get any maintenance amount. If they are scraping by, an award of maintenance is unlikely.
Maintenance is viewed as “rehabilitative” in nature. Maintenance should help you get back on your feet until you can retrain, get a new job, or save up some money. It is not viewed as a long term solution to the support of a spouse. Maintenance may be ordered for longer periods of time in cases where they parties have been married for a long time, and one party was a homemaker, as that makes it difficult to accrue retirement and professional training that the person can use to generate income once divorced.
Child support is separate from maintenance.
One point I want to make very clear is that child support is separate from maintenance. Child support is governed by an entirely different set of administrative rules than maintenance, and has different beginning and termination points. Child support also has very different tax implications than maintenance. While they both are generally lumped into one category based on the fact that they are both payments being made from one party to another, they are handled extremely differently.
Child support amounts will be governed either by Child Support Services Division (CSSD), or by whatever agreement the parties make for child support provisions, to be set forth in their parenting plan. Maintenance will be a term set forth in your property settlement agreement/property distribution, OR ordered by the court after a separate hearing.
Can the amount of alimony change?
Maintenance can be modified in certain situations. Most commonly, modification can occur when the payor takes a substantial, involuntary pay cut which would make the current maintenance payment “unconscionable.”
For example, if the person paying maintenance, the “payor” was making $100,000/year at the time maintenance was awarded, and took an involuntary pay cut to $50,000/year, they could request that the Court review their maintenance payment.
Maintenance also automatically terminates upon the death of either party, or the remarriage of the person receiving maintenance (the “payee”). However, if your maintenance agreement contained a provision saying that it did not terminate upon the payee’s remarriage, then it would not qualify for termination of maintenance.
My caveat for this section is that there are a number of complicated ins and outs regarding maintenance termination or revision, delineated in the statute here. As always, it is best to have your case evaluated by qualified counsel.
How can Fox Law Firm help you?
Hopefully you now have a better feel for the query of “how does alimony work in Montana.” As mentioned previously, but I really can’t say it enough, it is best to have your unique, individual situation evaluated by a professional. Of course no one can predict what will happen in Court, but you should at least be able to get a better feel for if you should pursue a maintenance award, or not.
I have handled numerous maintenance cases, including modifications and terminations, statewide, and can give a good read on your potential maintenance claim, or maintenance modification/termination claim. Let Fox Law Firm help you with your Montana alimony questions by getting in touch with us and setting up a 30 minute phone consultation ($75) to get more info and put your mind at ease!
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