Most Montana couples settle maintenance by negotiation or mediation. If litigated, the court decides whether maintenance is appropriate and the amount, duration, and structure.
There is no official maintenance calculator in Montana. Judges weigh need and ability to pay, the marital standard of living, length of marriage, ages and health, earning capacity, and the time reasonably needed for a spouse to become self-supporting.
Temporary estimate = 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income.
This is a negotiation tool, not law. Example: If net incomes are $7,200 and $3,000, 40% of $7,200 ($2,880) minus 50% of $3,000 ($1,500) suggests $1,380 per month. Adjust for insurance shifts, childcare, major debt, or seasonal income.
Common structures include temporary maintenance during the case, rehabilitative/transitional maintenance to regain earning power, durational/longer-term maintenance by agreement, and lump-sum/buyout in exchange for property or cash.
Maintenance is transition help to create two stable households. It is not punishment and does not replace child support, which is separate.
Use monthly step-downs, a lump-sum buyout, property/retirement offsets, or targeted expense payments like COBRA, rent, or tuition. Many couples secure maintenance with life-insurance for the support term.
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Is there a set formula for maintenance in Montana?
No. There is no official formula; courts balance need, ability to pay, and related factors.
How long does maintenance last in Montana?
It varies by agreement or order. Rehabilitative and durational terms are common; longer-term support is tailored to the facts.
Can maintenance be modified later?
Often yes, if your order allows it and there is a substantial change in circumstances; parties may also agree to non-modifiable terms.