Montana Code Annotated

Mont. Code Ann. § 40-4-203 (2026)

Maintenance

✓ current as of May 2026

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TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 2. Support, Custody, Visitation, and Related Provisions

Maintenance

40-4-203. Maintenance. (1) In a proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:

(a) lacks sufficient property to provide for the spouse's reasonable needs; and

(b) is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

(2) The maintenance order must be in amounts and for periods of time that the court considers just, without regard to marital misconduct, and after considering all relevant facts, including:

(a) the financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party's ability to meet the party's needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(d) the duration of the marriage;

(e) the age and the physical and emotional condition of the spouse seeking maintenance; and

(f) the ability of the spouse from whom maintenance is sought to meet the spouse's own needs while meeting those of the spouse seeking maintenance.

(3) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.

History: En. 48-322 by Sec. 22, Ch. 536, L. 1975; R.C.M. 1947, 48-322; amd. Sec. 1578, Ch. 56, L. 2009; amd. Sec. 5, Ch. 88, L. 2013.

Notes of Decisions

Cited in 222 cases (5 in the last 5 years), 1979–2026 · leading case: In Re the Marriage of Eschenbacher, 831 P.2d 1353 (Mont. 1992).

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In Re the Marriage of Eschenbacher, 831 P.2d 1353 (Mont. 1992). · cites it 42× “A court may award maintenance after the marital property has been equitably divided pursuant to § 40-4-202, MCA, and the court has properly applied the criteria of § 40-4-203, MCA, which provides: (1) In a proceeding for dissolution of marriage or legal separation or a…”

In Re the Marriage of Graham, 2008 MT 435 (Mont. 2008). · cites it 37× “He advances no authority to support his argument that the maintenance award was improper, however, other than § 40-4-203, MCA. ¶25 Maintenance is proper if the district court finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for [her] reasonable…”

In Re the Marriage of Rudolf, 2007 MT 178 (Mont. 2007). · cites it 24× “th the party includes a sum for that party as custodian; *232 (b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (c) the standard of living established during the marriage; (d) the duration…”

In Re the Marriage of Herron, 608 P.2d 97 (Mont. 1980). · cites it 18× “The second error by the District Court involves the maintenance award made in this case. Maintenance can only be awarded to parties lacking sufficient property to provide for their needs and unable to support themselves through appropriate employment.”

Marriage of Patton v. Patton, 2015 MT 7 (Mont. 2015). · cites it 19× “In awarding maintenance, the court must consider the partys financial resources, the time it takes for the party requesting maintenance to find appropriate employment, the standard of living established during the marriage, the duration of the marriage, the age, health, and…”

In Re the Marriage of Shirilla, 2004 MT 28 (Mont. 2004). · cites it 25× “¶ 21 An award of maintenance is governed by § 40-4-203, MCA. Such an award is only appropriate when the court finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for his reasonable needs; and (b) is unable to support himself through appropriate…”

In Re the Marriage of Swanson, 2004 MT 124 (Mont. 2004). · cites it 14× “¶7 As a result of the property distribution, the court found that Rennee lacked sufficient property to provide for her reasonable needs, and after considering the factors contained in § 40-4-203, MCA, it awarded her maintenance of $500 per month for a three year period.”

In Re the Marriage of Olsen, 848 P.2d 1026 (Mont. 1993). · cites it 32× “IV Was the District Court's award of maintenance unreasonable? An award of maintenance may be proper after the District Court has equitably divided the marital estate pursuant to § 40-4-202, MCA, and has properly applied the criteria of § 40-4-203, MCA. Eschenbacher, 831 P.2d at…”

In Re the Marriage of Crowley, 2014 MT 42 (Mont. 2014). · cites it 12× “Dennis cites our decision in Rudolf, where we determined that § 40-4-203, MCA, did not allow the court to award maintenance retroactive to three years before the petition for dissolution was even filed.”

In Re the Marriage of Cole, 763 P.2d 39 (Mont. 1988). · cites it 21× “Whether the District Court properly considered the factors delineated in the Montana maintenance statute, Section 40-4-203, MCA, when it awarded maintenance to the wife.”

In Re the Marriage of Goodman, 723 P.2d 219 (Mont. 1986). · cites it 27× “We remand this case to the District Court to determine the amount and duration of a maintenance award in accordance with the factors set forth in § 40-4-203, MCA, and an appropriate level of child support to be paid to William by Jeannie when the children are living with him…”

In Re the Marriage of Killpack, 2004 MT 55 (Mont. 2004). · cites it 18× “¶ 27 An award of maintenance is governed by § 40-4-203, MCA, which provides, in pertinent part: [T]he court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for his reasonable needs;…”

Show all 222 citing cases →

— Mont. Code Ann. § 40-4-203(1) — 81 cases

In Re the Marriage of Graham, 2008 MT 435 (Mont. 2008). “He advances no authority to support his argument that the maintenance award was improper, however, other than § 40-4-203, MCA. ¶25 Maintenance is proper if the district court finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for [her] reasonable…”

In Re the Marriage of Shirilla, 2004 MT 28 (Mont. 2004). “¶ 21 An award of maintenance is governed by § 40-4-203, MCA. Such an award is only appropriate when the court finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for his reasonable needs; and (b) is unable to support himself through appropriate…”

In Re the Marriage of Herron, 608 P.2d 97 (Mont. 1980). “The second error by the District Court involves the maintenance award made in this case. Maintenance can only be awarded to parties lacking sufficient property to provide for their needs and unable to support themselves through appropriate employment.”

In Re the Marriage of Crilly, 2005 MT 311 (Mont. 2005).

In Re the Marriage of Crowley, 2014 MT 42 (Mont. 2014). “Dennis cites our decision in Rudolf, where we determined that § 40-4-203, MCA, did not allow the court to award maintenance retroactive to three years before the petition for dissolution was even filed.”

— Mont. Code Ann. § 40-4-203(1)(a) — 13 cases

In Re the Marriage of Olsen, 848 P.2d 1026 (Mont. 1993). “IV Was the District Court's award of maintenance unreasonable? An award of maintenance may be proper after the District Court has equitably divided the marital estate pursuant to § 40-4-202, MCA, and has properly applied the criteria of § 40-4-203, MCA. Eschenbacher, 831 P.2d at…”

In Re the Marriage of Eschenbacher, 831 P.2d 1353 (Mont. 1992). “A court may award maintenance after the marital property has been equitably divided pursuant to § 40-4-202, MCA, and the court has properly applied the criteria of § 40-4-203, MCA, which provides: (1) In a proceeding for dissolution of marriage or legal separation or a…”

Marriage of Laster v. Laster, 643 P.2d 597 (Mont. 1982).

In Re the Marriage of Killpack, 2004 MT 55 (Mont. 2004). “¶ 27 An award of maintenance is governed by § 40-4-203, MCA, which provides, in pertinent part: [T]he court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for his reasonable needs;…”

In Re the Marriage of Goodman, 723 P.2d 219 (Mont. 1986). “We remand this case to the District Court to determine the amount and duration of a maintenance award in accordance with the factors set forth in § 40-4-203, MCA, and an appropriate level of child support to be paid to William by Jeannie when the children are living with him…”

— Mont. Code Ann. § 40-4-203(1)(b) — 7 cases

In Re the Marriage of Manus, 733 P.2d 1275 (Mont. 1987).

— Mont. Code Ann. § 40-4-203(2) — 64 cases

Marriage of Patton v. Patton, 2015 MT 7 (Mont. 2015). “In awarding maintenance, the court must consider the partys financial resources, the time it takes for the party requesting maintenance to find appropriate employment, the standard of living established during the marriage, the duration of the marriage, the age, health, and…”

In Re the Marriage of Rudolf, 2007 MT 178 (Mont. 2007). “th the party includes a sum for that party as custodian; *232 (b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (c) the standard of living established during the marriage; (d) the duration…”

— Mont. Code Ann. § 40-4-203(2)(a) — 20 cases

In Re Marriage of Stufft, 916 P.2d 767 (Mont. 1996).

Marriage of Lutes v. Lutes, 2005 MT 242 (Mont. 2005).

In Re the Marriage of Harkin, 2000 MT 105 (Mont. 2000).

— Mont. Code Ann. § 40-4-203(2)(b) — 5 cases

In Re the Marriage of Zander, 864 P.2d 1225 (Mont. 1993).

In Re the Marriage of Doolittle, 875 P.2d 331 (Mont. 1994).

In Re the Marriage of Ernst, 793 P.2d 777 (Mont. 1990).

In Re the Marriage of Feisthamel, 739 P.2d 474 (Mont. 1987).

Frank v. Frank, 443 P.3d 527 (Mont. 2019).

— Mont. Code Ann. § 40-4-203(2)(c) — 3 cases

In Re the Marriage of Doolittle, 875 P.2d 331 (Mont. 1994).

In Re the Marriage of Crilly, 2009 MT 187 (Mont. 2009).

— Mont. Code Ann. § 40-4-203(2)(d) — 2 cases

— Mont. Code Ann. § 40-4-203(2)(e) — 3 cases

In Re the Marriage of Rolf, 2003 MT 194 (Mont. 2003).

In Re the Marriage of Rolf, 2004 MT 276 (Mont. 2004).

— Mont. Code Ann. § 40-4-203(2)(f) — 19 cases

In Re the Marriage of Bee, 2002 MT 49 (Mont. 2002).

In Re Marriage of Foreman, 1999 MT 89 (Mont. 1999).

In Re the Marriage of Bowman, 734 P.2d 197 (Mont. 1987).

Marriage of Paschen, 2015 MT 350 (Mont. 2015).

— Mont. Code Ann. § 40-4-203(Z) — 1 case

Marriage of Cox (Mont. 1996).

— Mont. Code Ann. § 40-4-203(l) — 3 cases

In Re the Marriage of Payer, 2005 MT 89 (Mont. 2005).

Marriage of Adams (Mont. 1993).

Marriage of Overturf (Mont. 1992).

— Mont. Code Ann. § 40-4-203(l)(a) — 21 cases

In Re the Marriage of Manus, 733 P.2d 1275 (Mont. 1987).

Marriage of Bowman v. Bowman, 633 P.2d 1198 (Mont. 1981).

— Mont. Code Ann. § 40-4-203(l)(a)(b) — 3 cases

In Re the Marriage of Bowman, 734 P.2d 197 (Mont. 1987).

In Re the Marriage of Ernst, 793 P.2d 777 (Mont. 1990).

In Re the Marriage of Dunn, 809 P.2d 571 (Mont. 1991).

— Mont. Code Ann. § 40-4-203(l)(b) — 7 cases

In Re the Marriage of Smith, 891 P.2d 522 (Mont. 1995).

Marriage of Bowman v. Bowman, 633 P.2d 1198 (Mont. 1981).

Marriage of Bradshaw v. Bradshaw, 891 P.2d 506 (Mont. 1995).

Snell v. Snell, 668 P.2d 238 (Mont. 1983).

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