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Montana MT AI draft

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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Montana law:

  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))

Statute / Authority

Citation: Mont. Code Ann. §40-4-202 ↗

Source: https://leg.mt.gov/bills/mca/

Source & verification AI draft
Citation
Mont. Code Ann. §40-4-202
Source URL
https://leg.mt.gov/bills/mca/
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Reference Library

Montana Property Division

Montana Code Ann. §40-4-202 directs the court to equitably apportion all property belonging to either or both parties, however and whenever acquired, with no equal-division presumption. The statute's run-on list of considerations covers the marriage's duration, each party's circumstances and needs, custody, maintenance interplay, future acquisition opportunity, and contribution or dissipation including homemaking; premarital, gifted, and inherited property may be reached only under the statute's contribution-based test.

Citation: Mont. Code Ann. §40-4-202

Source: https://leg.mt.gov/bills/mca/

Last updated: 2026-07-23T00:37:19.731143

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