Full question:
I reside in Montana. My marriage is gone and I filed a petition for maintenance. I am unable to support myself and maintain the lifestyle through my current employment as a waitress. I lack sufficient property to provide for even reasonable needs. All our marital property is in the custody of my husband. I could work only part-time due to the stress caused by the dissolution. What legal remedy is available for me in Montana in this regard?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Montana
Answer:
In Montana, the court can grant maintenance if it finds that the spouse seeking it lacks sufficient property to meet their reasonable needs and cannot support themselves through suitable employment. According to Montana Code Annotated (MCA) 40-4-203, the court may award maintenance if:
- The spouse lacks sufficient property for their reasonable needs.
- The spouse is unable to be self-supporting through appropriate employment.
- The spouse is the custodian of a child whose circumstances make it appropriate not to seek outside employment.
The maintenance order will be based on what the court considers fair, without regard to marital misconduct, and will take into account various factors, including:
- The financial resources of the spouse seeking maintenance, including any marital property they receive.
- The time needed to acquire education or training for suitable employment.
- The standard of living during the marriage.
- The duration of the marriage.
- The age and physical and emotional condition of the spouse seeking maintenance.
- The ability of the spouse from whom maintenance is sought to meet their own needs while supporting the other spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.