Montana · Alimony · Updated Oct 2026

Alimony in Montana

Alimony (spousal support) in Montana, from the state's own law: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

In short

In Montana, alimony is called maintenance. The judge can award it only if the spouse asking lacks enough property for reasonable needs and can't support themselves by working (or is caring for a child who needs them at home).

What Montana calls it
maintenance
Property division
Equitable distribution
Law
Mont. Code Ann. 40-4-203.

When Montana courts can order alimony

The judge can award it only if the spouse asking lacks enough property for reasonable needs and can't support themselves by working (or is caring for a child who needs them at home).

Amount, limits and length

  • Amount and length are what the judge finds fair, based on factors like length of marriage, standard of living, age and health.
  • No formula.

Law: Mont. Code Ann. 40-4-203.

Alimony and property in Montana

Spousal support is a separate question from dividing property and debts.

System
Equitable distribution
The rule
The judge divides all property of either spouse fairly (not always 50/50), whenever and however it was acquired, without regard to marital misconduct. A homemaker's work counts as a contribution.

How to ask for alimony in Montana

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Montana courts)

  2. Pay the fee or ask for a waiver

    $170 to file a petition for dissolution (state statute; Mont. Code Ann. 25-1-201(1)(a)). Can't afford it? File the 'Request for Waiving Court Fees' (Statement of Inability to Pay Court Costs and Fees): https://courts.mt.gov/external/forms/dissolution/FeeWaiver.pdf.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Not required statewide, but the judge can order mediation.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Montana

How does alimony work in Montana?

Called maintenance. The judge can award it only if the spouse asking lacks enough property for reasonable needs and can't support themselves by working (or is caring for a child who needs them at home). Amount and length are what the judge finds fair, based on factors like length of marriage, standard of living, age and health. No formula.

How much alimony is paid in Montana, and for how long?

Amount and length are what the judge finds fair, based on factors like length of marriage, standard of living, age and health. No formula.

Is Montana a community property state?

No. Montana uses equitable distribution. The judge divides all property of either spouse fairly (not always 50/50), whenever and however it was acquired, without regard to marital misconduct. A homemaker's work counts as a contribution.

More about divorce in Montana

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.