Montana Code Annotated
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-203. Maintenance

40-4-203. Maintenance. (1) In a proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
(a) lacks sufficient property to provide for the spouse's reasonable needs; and
(b) is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
(2) The maintenance order must be in amounts and for periods of time that the court considers just, without regard to marital misconduct, and after considering all relevant facts, including:
(a) the financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party's ability to meet the party's needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(c) the standard of living established during the marriage;
(d) the duration of the marriage;
(e) the age and the physical and emotional condition of the spouse seeking maintenance; and
(f) the ability of the spouse from whom maintenance is sought to meet the spouse's own needs while meeting those of the spouse seeking maintenance.
(3) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.
History: En. 48-322 by Sec. 22, Ch. 536, L. 1975; R.C.M. 1947, 48-322; amd. Sec. 1578, Ch. 56, L. 2009; amd. Sec. 5, Ch. 88, L. 2013.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 4. Termination of Marriage, Child Custody, Support

Part 2. Support, Custody, Visitation, and Related Provisions

40-4-201. Separation agreement

40-4-202. Division of property

40-4-203. Maintenance

40-4-204. Child support -- orders to address health insurance -- withholding of child support

40-4-205. Guardian ad litem

40-4-206. Payment of maintenance or support to court -- handling fee of clerk

40-4-207. Assignments

40-4-208. Modification and termination of provisions for maintenance, support, and property disposition

40-4-209. Security or guaranty to secure support

40-4-210. Child support jurisdiction -- nonresident individual

40-4-211. Jurisdiction -- commencement of parenting proceedings

40-4-212. Best interest of child

40-4-213. Interim parenting plan

40-4-214. Interviews

40-4-215. Investigations and reports

40-4-216. Hearings

40-4-217. Notice of intent to move

40-4-218. Judicial supervision

40-4-219. Amendment of parenting plan -- mediation

40-4-220. Affidavit practice

40-4-221. Determination of child's care upon death of parent

40-4-222. Repealed

40-4-223. Repealed

40-4-224. Repealed

40-4-225. Access to records by parent

40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children

40-4-227. Rights of parents and children -- policy -- findings

40-4-228. Parenting and visitation matters between natural parent and third party

40-4-229. through 40-4-232 reserved

40-4-233. Final parenting plan -- purpose and objectives

40-4-234. Final parenting plan criteria

40-4-235. through 40-4-250 reserved

40-4-251. Definitions

40-4-252. Preliminary declaration of disclosure -- penalty

40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration

40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies

40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court

40-4-257. Default judgments -- disclosures

40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure