## What is maintenance in Montana? Maintenance is money one spouse pays to the other after divorce — separate from child support and from how marital property gets divided. Not every divorce includes maintenance, and the rules vary heavily by state. ### How long does maintenance last in Montana? (Mont. Code § 40-4-203) Same threshold as the UMDA: lack of sufficient property AND inability to self-support. Rehabilitative awards are typical. ## Common types of spousal support Most states recognize several types, even if the labels vary: - **Temporary / pendente lite** — paid during the divorce case itself - **Rehabilitative** — for a defined period to let the receiving spouse retrain or re-enter the workforce - **Reimbursement** — pays back contributions one spouse made to the other's education or career - **Permanent / indefinite / open-durational** — ongoing support, usually reserved for long marriages - **Lump sum / alimony in solido** — paid as a single payment instead of monthly ## What courts look at Across nearly every state's statutory factor list, the same themes appear: 1. Length of the marriage 2. Each spouse's income and earning capacity 3. Each spouse's age and health 4. The standard of living during the marriage 5. Each spouse's contributions to the marriage (including non-monetary contributions like raising children) 6. Each spouse's separate and marital property 7. Each spouse's education, training, and employment history 8. Tax consequences 9. Marital fault (in some states only) 10. Any agreements between the spouses (like a prenup) ## What ends or changes spousal support Most spousal-support orders end on: - **Death** of either spouse - **Remarriage** of the receiving spouse - **Cohabitation** with a romantic partner (in many states) - **Reaching the end** of the durational award - A **substantial change in circumstances** (job loss, retirement, disability) — usually requires a motion to modify ## Tax treatment For divorces finalized AFTER December 31, 2018, alimony is no longer deductible by the payor or taxable to the recipient under federal law. Older orders that pre-date the 2017 Tax Cuts and Jobs Act may still be governed by the old rules. Modifying an old order may inadvertently change its tax treatment — get advice before doing so. ## Negotiating instead of litigating Spousal support is highly negotiable. Many divorcing couples trade alimony for a different division of property, lump-sum settlements, or longer payments at lower amounts. A good attorney will model several scenarios for you before you commit to anything in court. ## What you should do If support is on the table — for either side — get a Montana family-law attorney involved early. Even in formula states, judges have meaningful discretion, and the analysis is intensely fact-specific. Most family-law attorneys offer paid initial consultations that more than pay for themselves through a better-negotiated outcome. --- *This guide is general information about Montana law as of early 2026 and is not legal advice. Spousal-support law shifts often (statutory caps, formulaic reforms, and tax-treatment changes) and outcomes are highly case-specific. Talk to a licensed Montana family-law attorney about your specific situation.*