What are the Laws in Montana about How Marital Property Will be Distributed After Divorce?

A Montana Court will make an equitable apportionment of property without regard to marital fault. In making an equitable apportionment, the court may consider: the duration of the marriage and prior marriage of either party; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution or dissipation of value of the respective estates and the contribution of a spouse as a homemaker or to the family unit. (Montana Code Annotated Title 40, Chapter 4, Section 202)

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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