2005 Montana Code Annotated - 40-4-203 — 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 which 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 his reasonable needs; and
     (b) is unable to support himself 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 shall be in such amounts and for such periods of time as the court deems 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 him, and his ability to meet his 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;
     (c) the standard of living established during the marriage;
     (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 his needs while meeting those of the spouse seeking maintenance.

     History: En. 48-322 by Sec. 22, Ch. 536, L. 1975; R.C.M. 1947, 48-322.