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Legal Information: Montana

Divorce

Laws current as of October 25, 2024

Can I get alimony?

Alimony, also called maintenance or spousal support, is financial support paid by or to your spouse and can be awarded as part of a divorce. To decide whether or not to award you alimony and for how long alimony will be paid, a judge will consider:

  • your financial resources, including marital property that was awarded to you and any child support you receive for a child living with you;
  • your ability to meet your own needs independently;
  • the time needed for you to get the necessary education or training to find an appropriate job;
  • the standard of living during your marriage;
  • the length of your marriage;
  • you age and physical/emotional condition; and
  • the ability of your spouse to meet her/his needs while paying alimony.1

Note: The judge will not consider the “marital misconduct” of either spouse when making a decision about alimony.1

1 MT ST § 40-4-203(2)

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