Divorce Alimony in Montana

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Guidelines for Divorce Montana Alimony

The courts in this state issue an order for grant for alimony of a particular amount and for a particular period after due consideration of the following points.

• The capacity of the spouse (who would become the payer of alimony) to satisfy both own requirements as well as those of the partner requesting alimony
• The emotional state, physical condition and age of the partner seeking maintenance
• The duration of marital life
• The standard of living experienced in marital life
• What duration of time does the spouse seeking alimony need to attain adequate education and training that would enable him/her to be aptly employed?
• The financial sources of the partner requesting for alimony, inclusive of the following
  • The marital property allocated to this partner in the divorce proceedings
  • The ability of this partner to satisfy own requirements independently
  • Is this partner a custodian of a child? Is yes, what amount does this partner receive as child support

In Montana, the courts do not assign any significance to marital misconduct while setting the terms of alimony.

Circumstances of the spouse seeking support in Divorce Montana Alimony

The courts in this state grant alimony only when it is concluded that the spouse seeking alimony is in the following circumstances.

• The spouse is not able to become self reliant by means of appropriate employment
• The spouse has the custody of a child. The circumstances or condition of this child makes it compulsory that this spouse should not be required to find employment outside the premises of the residence
• The spouse is in dearth of sufficient property to fulfill own reasonable requirements

A separation agreement or divorce decree may state that one spouse should help the other by offering alimony payments. However, this help of alimony is not restricted to cash payments. The court might issue orders that the payer of alimony should take care of house payments, dental expenses, unreimbursed medical expenses or any other expenses of the recipient spouse.

The court may also issue orders that the payer of alimony must have a life insurance policy on his/her life. Moreover, this policy should name the recipient spouse as the beneficiary.

The Demand for Alimony Payment is a letter given by the recipient spouse to the payer. The objective of this letter is to remind the payer regarding his/her responsibility to disburse certain payments. In this letter, the recipient can also make a request that the past due payments may be cleared by the payer. Let us assume that the payer fails to make payments as per the plan. Then, this letter is documentary evidence about the recipient's attempts to solve the issue.

The recipient must sign this letter and maintain a copy of this letter as a record. It is advisable that photocopies of any relevant documents must be attached to this letter. In no circumstances, the recipient should attach original copies of documents. The recipient should also retain a written summary of all conversations done on telephone.

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