Montana Property Division Laws
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The following is a summary of Montana property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Montana Code and/or consult with an attorney about how the law might apply to your particular situation.

Montana laws allow the court, without regard to marital misconduct, to equitably divide the property and assets belonging to either or both party, however and whenever acquired, and however titled. In dividing the property, the court shall consider the following factors:

(1) The duration of the marriage and prior marriage of either party;

(2) The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;

(3) Custodial provisions;

(4) Whether the apportionment is in lieu of or in addition to maintenance;

(5) The opportunity of each for future acquisition of capital assets and income;

(6) The contribution or dissipation of value of the respective estates; and

(7) The contribution of a spouse as a homemaker or to the family unit.

-From 40-4-202 of the Montana Code.

 

Learn more about general property division in divorce, or common ways to divide your property.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on Montana divorce laws:
General Montana Divorce Laws
Alimony Divorce Laws in Montana
Montana Child Custody Laws
Montana Child Support Laws
Montana Laws on Property Division

 

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IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Montana statutes. You can find the full-text version of these and other Montana divorce statutes online here: Montana Divorce Laws.