Modifying and Ending Maintenance in Montana
In Montana, maintenance can be modified only on changed circumstances so substantial and continuing as to make the terms unconscionable or by written consent, only for installments after notice, and it ends on either party’s death or the recipient’s remarriage unless agreed otherwise.
The modification standard
Where a decree contains provisions on maintenance or support, it may be modified only (i) on a showing of changed circumstances so substantial and continuing as to make the terms unconscionable; (ii) on written consent of the parties; or (iii) on application by the Department of Public Health and Human Services when it is providing IV-D services (for child support) (MCA 40-4-208(2)(b)).
From when
A decree may be modified as to maintenance or support only for installments accruing after actual notice to the parties of the motion for modification, so a motion should not wait.
Termination
Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the death of either party or the remarriage of the party receiving maintenance (MCA 40-4-208(4)).
Property is different
The provisions as to property disposition cannot be revoked or modified except by written consent of the parties or on conditions that justify reopening a judgment under Montana law (subsection 3).
Evidence to gather
The decree, proof of the change in circumstances with dates and any written agreement about modification.
Questions for the negotiation
Decide whether to put a termination date or a modification limit in the agreement and have the agreement say so in writing.
Next steps
See the two-part test for the original test and use the Montana alimony calculator to test a ceiling after a change.
Frequently asked questions
When can Montana maintenance be modified?
On changed circumstances so substantial and continuing as to make the terms unconscionable, or on written consent.
Does remarriage end Montana maintenance?
Yes, unless the parties agreed in writing or the decree provides otherwise.
Can Montana maintenance be changed retroactively?
Only for installments accruing after actual notice of the motion.
Can a Montana property division be changed?
Not without written consent or conditions that justify reopening the judgment.
What is unconscionable in Montana modification?
The statute sets the standard as changed circumstances so substantial and continuing as to make the terms unconscionable; courts apply it to the facts.
Official sources
- MCA 40-4-203: maintenance
- MCA 40-4-208: modification and termination
- MCA 40-4-202: division of property
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Montana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Montana attorney.