Adultery in Montana - Does Cheating Affect Alimony?

by Futurescopes Research Team

Alimony, which is the payment of money by one spouse to support the other spouse after a divorce, is primarily a financial consideration in most states. While some states do allow judges to use alimony to punish a spouse for cheating, many states do not allow such punitive awards.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Montana.

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The Nature of Divorce in Montana

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Montana must be examined.Like many states, Montana is a no-fault divorce state.1 Under Montana law, if a marriage is irretrievably broken, the married couple is entitled to a divorce without consideration of fault or marital misconduct by either spouse.

About Montana Alimony Rules

In Montana, alimony is known as spousal maintenance. Montana’s spousal maintenance law has two parts.2 First, prior to making any award of spousal maintenance, the Montana divorce judge must first find that at least one spouse is eligible for some type of spousal maintenance. Second, if a spouse is eligible to receive an award of spousal maintenance, the Montana court must determine the duration and amount of that maintenance award.

Spousal maintenance eligibility is determined based off of a financial finding that one spouse is financially dependent on the other. If a spouse does not have enough property to be self-sustaining and is unable to be self-supporting either through employment or because of childcare responsibilities, that spouse is entitled to reasonable spousal maintenance.

If a spouse is eligible for a maintenance award, the court must then set the amount and duration of the award. The court’s award must essentially be fair to both spouses, and the determination is made on a purely financial basis. In making its award, the court must consider the following factors:

  • The financial resources of the spouse seeking maintenance;
  • The time necessary for the eligible spouse to acquire sufficient education or training to find employment;
  • The standard of living and duration of the marriage;
  • The age and health of the spouses; and
  • Whether the ineligible spouse can afford to pay maintenance.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Montana’s spousal maintenance law specifically states that the maintenance order must be made “without regard to marital misconduct.”3 As a result, the court cannot consider either spouses’ adultery when making a spousal maintenance award. However, at least one Montana Court has decided that if an adulterous spouse moves in with his or her paramour, that beneficial living arrangement can have an effect on the financial determinations involved in awarding maintenance.4

The Verdict:

Montana is a no-fault divorce state, and as a result, fault and marital misconduct cannot be considered when the court makes a spousal maintenance determination. This means that adultery has no effect on an award of spousal maintenance. A spouse who was cheated on cannot seek extra maintenance, and a cheating spouse may still be financially entitled to spousal maintenance.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

Resources:

  1. 40-4-104, MCA.
  2. See 40-4-203, MCA.
  3. 40-4-203, MCA (2). In re Marriage of Barnard, 241 Mont. 147, 785 P.2d 1387, 47 Mont. St. Rep. 152, 1990 Mont. LEXIS 26 (Mont. 1990).
  4. In re Marriage of Edwards, 215 Mont. 512, 699 P.2d 67, 1985 Mont. LEXIS 755 (Mont. 1985).
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