Montana Divorce & Finances

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

The division of joint finances during a divorce can cause some real stress and uncertainty. How does the court make decisions on dividing property?   What are the tax ramifications of getting divorced? Are there estate planning issues between you and your ex-spouse that need to be settled? Will the court award spousal support payments, and if so, what are the parameters of those payments? The following are laws specific to Montana Divorce and Finances.

 

Montana Property Division/Community Property/Debts:

Montana is an “equitable distribution” state. This means that the court will divide joint marital property on terms considered to be fair, which does not necessarily mean that the division will be equal. In making the determination, the court will consider, among other things, the contributions of each spouse to the marital estate, the total value of the properties of the parties, the economic circumstances of each party, any misconduct that may have occurred, and the amount of spousal support awarded, if any.

Montana Spousal Support:

There is no automatic obligation for either spouse to support the other in the event of a divorce. Where the court does grant spousal support (also called maintenance or alimony), it does so on a case-by-case basis and in consideration of many factors, including:

  1. The financial resources of the party seeking support,
  2. The time and input of resources necessary for the party seeking maintenance to find appropriate employment and sufficient education and/or training for that employment,
  3. The established subjective standard of living during the marriage,
  4. Marriage duration,
  5. Physical and emotional condition of the party seeking maintenance,
  6. The ability of the would-be payor spouse to meet his/her own needs while meeting those of the other spouse, and
  7. Any other factors the court deems relevant

Note that the spousal award amount and duration, once determined, are not set in stone. The court may modify or eliminate the award when circumstances justify doing so, such as the receiving spouse entering into another marriage or similar arrangement, or either party experiencing a material change in financial circumstances.

Montana Divorce/Child Support/Child Custody Lawyers:

Find an experienced Montana Divorce Attorney at AttorneyPages.com
Find an experienced Child Support Lawyer or Custody Lawyer at AttorneyPages.com
Post your case to a Montana Divorce Lawyer
How a Family Lawyer Can Help

Montana Divorce Laws: Click below to find the Montana Divorce laws you’re looking for: 

Montana Divorce Law, Lawyers & Attorneys
Montana Divorce & Separation
Montana Child Custody & Montana Child Support
Montana Divorce Laws & Resources

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption