Either spouse may receive maintenance and awards are determined by financial needs and resources, workplace skills of both parties, the presence of minor children in the home, the standard of living enjoyed during the marriage, the length of the marriage, the age and health of the spouse seeking maintenance, and the ability of the other spouse to pay. The court may award property in lieu of maintenance. Unless otherwise agreed, maintenance stops upon the remarriage of the recipient or the death of either party. Under certain circumstances, maintenance may be raised or lowered after the original award. Montana law recognizes that spouses who work as homemakers and spouses who work outside the home both contribute to the property acquired during the marriage.
Property is to be divided equitably between the parties upon divorce.
Several factors, including the length of the marriage, skills and relative abilities of the parties, needs and opportunities to acquire future assets, and other criteria are considered. The court can apportion all property owned by either or both spouses, regardless of how title is held and when or how it was acquired. The court will not consider marital misconduct in dividing property. There are special rules for property received by gift or inheritance and property acquired in pension or retirement plans. If the parties divide their property by agreement, the judge will review the agreement.