Divorce Alimony in Montana

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It is the responsibility of married couple to support each other financially and emotionally throughout the life. This responsibility will continue even if the marriage fails due to differences in between the spouses. Monitory support is one such aspect of marital dissolution that provides an assistance to the spouse, who is facing the dearth of enough savings and property to manage himself.

Every state has a different interpretation of laws regarding the termination of marriage and related aspects like child custody, property division, etc. Divorce alimony in Montana is supervised by the family laws and the legal statutes mentioned in the state regulations. The court will determine the spousal maintenance details after pondering over following factors:

• The capacity of the spouse (who would be the payer) to satisfy their own requirements as well as those of the partner requesting maintenance.
• The mental state, physical condition and age of the person seeking maintenance.
• The duration of marital life.
• The level of lifestyle experienced while being in a marital relation.
• What duration of time does the spouse need to attain adequate education and technical training that would enable him/her to be aptly employed?
• The economical sources of the partner, including the following:
  • The marital property allocated to this partner in the divorce proceedings.
  • The ability of this partner to satisfy own requirements on an independent basis.
  • Is this partner a custodian of a child? If yes, what amount does this partner receive as child support?

Conditions on the spouse seeking support in Montana Divorce Alimony

The courts in this state awards maintenance only under some circumstances. These conditions are mentioned below:

• The spouse is unable to become self reliant with the help of appropriate employment.
• The spouse has the custody of a child. The circumstances or condition of this child makes it compulsory that this spouse should not be required to find employment far from the premises of the residence.
• The spouse lacks sufficient property to fulfill his or her routinely needs.

Various Forms of Alimony in Montana

A separation agreement or divorce decree may state that one spouse should help the other by offering payments. However, it is not restricted to cash. The court might issue orders that the payer should take care of house payments, dental expenses, medical expenses or any other expenses of the recipient spouse.

The court may also issue orders that the payer of spousal maintenance must have a life insurance policy on his/her life. Moreover, this policy should name the recipient spouse as the beneficiary. Also, there is an option of buying out the amount of spousal maintenance. In this case, the receiver agrees upon having a lump-sum amount in advance as a compensation for forgoing rights to demand spousal maintenance. Before going for this option, comparison should be made between the amount received as permanent support and a one-time payment.

Cessation of Alimony

The payment of amount made as a spousal support can be stopped by the court if the receiving partner remarries or dies. In both cases, it is held that the responsibility of the payer to provide monitory share has ended legally. If the maintenance is for a predetermined period, it must be terminated on the mentioned date. Temporary support expires once the marital dissolution case has been concluded in the court.

The Reminder for Demand for Alimony Payment

It is a letter given by the recipient spouse to the payer. The objective of this letter is to remind the payer regarding his/her responsibility to disburse certain payments. In this letter, the recipient can also make a request that the past due payments may be cleared by the payer. Let us assume that the payer fails to make payments as per the plan. Then, this letter is a documentary evidence about the recipient's attempts to solve the issue.

The recipient must sign this letter and maintain a copy of this letter as a record. It is advisable that photocopies of any relevant documents must be attached to this letter. The beneficiary should not send any original documents under any circumstances. Also, the spouse seeking alimony should retain all the communication in written form.

If the spouses are going for a mutual decision over this matter, they can be assisted by the lawyers to craft a legally acceptable agreement. In other cases, the lawyers will represent their clients in the court in a regular contested process.

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