Montana Divorce Property Division

What the Law Says

Montana courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Montana equitably apportions everything belonging to either or both spouses, “however and whenever acquired,” under MCA §40-4-202(1), with no statutory presumption of equal division. The statute's considerations include the duration of the marriage and prior marriages; each party's age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; each party's opportunity for future acquisition of capital assets and income; and contribution or dissipation of value, including the homemaker's contribution. For property acquired before marriage, by gift or inheritance, or its appreciation, §40-4-202(1)(a)-(c) applies a contribution-based test before it may be apportioned.

Division Factors (Mont. Code Ann. §40-4-202)

What Montana courts weigh:

1. Duration of the marriage and any prior marriage of either party (MCA §40-4-202(1))
2. Age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party
3. Custodial provisions for the children
4. Whether the apportionment is in lieu of or in addition to maintenance
5. Opportunity of each party for future acquisition of capital assets and income
6. Contribution or dissipation of value of the respective estates, and the contribution of a spouse as a homemaker or to the family unit
7. For property acquired before the marriage, by gift or inheritance, or its appreciation: the contribution of the other spouse to its preservation or appreciation, including the homemaker contribution (§40-4-202(1)(a)-(c))

Common Questions