{"id":374620,"date":"2016-03-31T21:35:51","date_gmt":"2016-04-01T02:35:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-marital-property-laws.html"},"modified":"2024-06-21T12:32:30","modified_gmt":"2024-06-21T17:32:30","slug":"montana-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-marital-property-laws.html","title":{"rendered":"Montana Marital Property Laws"},"content":{"rendered":"\n
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Montana Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Montana, like most states, is an equitable distribution state. Under Montana law, all property acquired during marriage by either spouse becomes marital property. Courts divide property fairly, but not always equally, during a divorce<\/a> or legal separation.<\/p>\r\n

Nine states (California, Arizona, Nevada, Louisiana, Idaho, New Mexico, Washington, Texas, and Wisconsin) are community property states. In these states, spouses divide marital property 50\/50. States have their own definition<\/a> of marital and separate property during a divorce proceeding.<\/p>\r\n

Montana courts will consider a number of factors during the division of property. Spouses can divide property themselves with a prenuptial agreement or similar written agreement before the divorce.<\/p>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Marital property<\/b> is acquired during the marriage. In Montana, everything that both spouses accumulate during the marriage is marital property, including:<\/p>\r\n