Montana Marital Property Laws

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 or legal separation.

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 of marital and separate property during a divorce proceeding.

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.

Note: 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.

Marital Property vs. Separate Property

Marital property is acquired during the marriage. In Montana, everything that both spouses accumulate during the marriage is marital property, including:

• Wages and joint bank accounts

• Homes and real estate purchased during the marriage

• Vehicles and personal property, such as furniture

• Retirement accounts and pension plans

Separate property is anything one spouse had before the marriage and kept separate during the marriage. Personal and real property owned before the marriage or after legal separation remain the possessions of the spouse. Separate property includes:

• Inheritances, gifts, and bequests

• Property traded or bought with separate assets

• Property excluded from the marital estate by a prenuptial agreement or other written agreement

Commingled assets are any separate assets used for the marital estate or by the household. Inheritance money deposited in a joint bank account and used to pay household bills is an example of commingled assets.

See FindLaw's Divorce and Property section for more information.

Montana Marital Property Law

During the divorce process, Montana judges equitably divide all marital property between the spouses. They base the division on a range of factors, including:

• The length of the marriage

• The age and health of the parties

• The education, employability, vocational skills, and job opportunities of each party

• Other sources of income for each party

• Standard of living during the marriage

• Monetary and non-monetary contributions to the marriage, including homemaking or childcare

• Assets and liabilities assigned to each spouse, including child support, alimony, and marital debt

Montana divorce courts can’t consider marital misconduct during the equitable division of property. A recent bill that would have allowed judges to consider abuse and adultery during property division died in committee.

Judges divide marital assets fairly but not always equally. An equal division is ideal, but judges may award property where it seems most needed. For instance, the spouse with primary child custody may receive the family home if the judge feels it is in the best interest of the children.

Research the Law

• Montana Code

• Official State Codes - Links to online statutes in all 50 states and D.C.

Montana Marital Property Laws: Related Resources

• Marriage, Money, and Property

• Credit and Divorce

• Find a Divorce Attorney

Get Legal Advice From a Montana Family Law Attorney

A divorce case is never an easy time for couples. Property division is a source of contention even in amicable divorces. Contact an experienced Montana Family Law attorney to protect everyone's rights.