In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as maintenance in Montana. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse. Marital misconduct is not considered when a court awards alimony in Montana.

To be eligible for alimony, spouses in all states, including Montana, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. To be eligible for alimony in Montana, a spouse must show that he or she lacks adequate property to provide for his or her reasonable needs and that he or she is unable to support him/herself through appropriate employment. A spouse can also demonstrate that he or she is the custodian of a child whose condition or circumstances make it difficult or impossible for him or her to seek employment outside the home. Divorcesource.com gives a complete summary of divorce laws in Montana.

There are three types of alimony: lump-sum, rehabilitative, and permanent. Lump sum alimony is calculated by the court and is usually made in one payment. Rehabilitative is the most commonly awarded type of alimony and may include payments for the education necessary for the recipient spouse to become self-supporting. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments. Montana courts sometimes award property instead of spousal maintenance.

Montana courts sometimes order temporary maintenance to be paid while the divorce is pending. Most alimony awards in Montana are for a specific length of time, as opposed to being indefinite. Unless otherwise specified, maintenance in Montana stops upon the remarriage of the recipient spouse or the death of either of the spouses.

Montana law recommends that courts consider the following relevant factors when awarding alimony:

• The financial resources of the spouse seeking maintenance, including marital property apportioned to him or her and his or her ability to meet his or her needs independently
• Time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and the physical and emotional condition of the spouse seeking maintenance
• The ability of the spouse from whom maintenance is being sought to meet his or her needs while meeting those of the spouse seeking maintenance

In the United States, alimony is treated differently tax wise from child support payments. In Montana, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not.  Lawyers.com gives a comprehensive review of divorce and alimony law in Montana.