Will Spousal Maintenance Be Part Of Your Divorce?
Do you believe that you are entitled to alimony or maintenance as part of your divorce? Do you wonder if you will need to make alimony or maintenance payments to your former spouse? These are legitimate concerns, as maintenance payments will have a long-term financial impact on your life regardless of whether you are paying or receiving it.
The best way to find answers to these and other family law questions is to contact P. Mars Scott Law Offices. Our attorneys provide personalized service and compassionate legal guidance backed by nearly five decades of combined family law experience. We have helped many others, and we know we can help you, too.
The Basics Of Spousal Maintenance In Montana
Commonly known as alimony, spousal maintenance is temporary or permanent payments made by one spouse to another. Maintenance differs from child support because it is paid to assist the spouse with living expenses, not the children’s expenses. Unlike child support, there is no formula to calculate the amount of maintenance or to determine the length of time it should be paid. Spousal maintenance is usually ordered if one spouse is unable to support themselves through appropriate employment, one spouse needs time to gain job training or further education (called rehabilitative maintenance) or one spouse is unable to maintain a standard of living similar to the one enjoyed during the marriage. Spousal maintenance is not based on who asked for the divorce, who filed for divorce or who is at fault for the divorce.
The amount of spousal maintenance and its duration depends on the following factors:
- 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 division
- The details of the couple’s parenting plan and child care situation
- The skills, education and job history of the spouse requesting maintenance
We understand the complex nature of maintenance and how it can be useful for families experiencing divorce. We can help you decide if maintenance is appropriate for your situation and calculate an appropriate maintenance award and a suitable time period for payment. Whether you wish to seek maintenance payments or to avoid making maintenance payments, we can help you understand your rights and your best options for legal action.