Family law.
Flat-rate pricing.

divider

Maintenance & Alimony


Do you believe that you may deserve alimony after a divorce? Or do you wonder if you will have to make alimony payments to your ex-husband or ex-wife? If you have questions about spousal maintenance law in Montana, or if you need limited legal help from a family law attorney regarding a spousal maintenance issue, we are here to help.

Montana Legal Advisors offers individuals limited, standalone legal services related to divorce and alimony. Instead of hiring a full-time lawyer to take on your case in its entirety, our legal team will work with you at flat fee or hourly rates, making your divorce more affordable and more in your own control.

We have helped clients with the following legal services regarding spousal maintenance:

 

  • General consultation regarding alimony. This meeting with one of our legal professionals allows you to ask all of your questions about spousal maintenance, tell us about your case, and get a plan of action.

 

  • Spousal maintenance research and information gathering. We can help you find all of the information you need to determine whether or not you may need to make maintenance payments or whether you may successfully receive maintenance payments.

 

  • Spousal maintenance temporary orders. Get assistance filing a temporary order asking for payments during the divorce process or simply get information about temporary orders.

 

  • Amendments to spousal maintenance orders. If you believe that you need an amendment to your spousal maintenance order, for example, if your spouse has remarried or started a new job, we can help you understand your case and the legal process.

Spousal Maintenance in Montana

Commonly known as alimony, spousal maintenance can be either temporary or permanent payments from one ex-spouse to another after a divorce. Spousal maintenance orders usually come about if one spouse is unable to support himself or herself; if one spouse needs time to gain job training or further education (this is called rehabilitative maintenance); or if one spouse wishes to maintain the same standard of living enjoyed during his or her marriage. Spousal maintenance has nothing to do with who asked for the divorce, who filed for divorce, or who is at fault for the divorce.

The amount of spousal maintenance required, as well as the duration of the spousal maintenance order, depends on a large number of factors, including:

  • The duration of the marriage.
  • The standard of living established during the marriage.
  • The financial situation and health of both spouses.
  • The details of the property settlement.
  • The details of the couple‚Äôs parenting plan and childcare situation.
  • The skills, education, and job history of the spouse.

Maintenance differs from child support because it is paid to assist the spouse, and not children, maintain their prior standard of living. Unlike child support, there is no formula in Montana for the calculation of the amount of maintenance or the time period during which it should be paid.

Maintenance is also taxable to the spouse receiving the money, rather than the spouse paying the money. If the spouses are in different tax brackets, maintenance can be used to help reduce overall tax liability, and to maximize the amount of income available to both parties.

Contact Montana Legal Advisors for Family Law Help Today

At Montana Legal Advisors, we understand the complex nature of maintenance, and the range of situations in which it can be useful to separating families. We can help our clients decide if maintenance is right for their situation, calculate an appropriate maintenance amount and time period, and set up the maintenance payments so that they have proper tax status, end dates, and provisions for modification.

Whether you would like to seek alimony payments or whether you wish to avoid making spousal maintenance payments, we can help you understand your case and your best options for legal action. Instead of offering you full representation, our attorneys and legal professionals can give you just as much help as you ask for. You only pay for the help you choose.

To learn more about our limited scope representation services, or to get your questions answered about alimony and spousal maintenance, contact our offices today.


separator