Can I get Maintenance if I cannot afford to provide for myself in a divorce?
Full Question:
I reside in Montana. My marriage is gone and I filed a petition for maintenance. I am unable to support myself and maintain the lifestyle through my current employment as a waitress. I lack sufficient property to provide for even reasonable needs. All our marital property is in the custody of my husband. I could work only part-time due to the stress caused by the dissolution. What legal remedy is available for me in Montana in this regard?
01/04/2017 |
Category: Divorce ยป Alimony |
State: Montana |
#29430
Answer:
“(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;
(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 the spouse's own needs while meeting those of the spouse seeking maintenance.
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