Montana Divorce Information


Property Ownership For Divorce Purposes

Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," and not necessarily 50/50. Marital fault is not a consideration when dividing property in Montana.

What Property is Divided?

"Kitchen sink" state. All property owned by either spouse, no matter when or how acquired, is considered marital property and subject to division in a divorce; however, the courts can consider when and how property was acquired when dividing property.

Alimony

At the court's discretion. Marital fault is generally not considered. Terminates upon the death of either party, and upon the receiving party's remarriage.

Child Support

Melson formula, which means the income of both parents is considered, along with the needs of the paying parent. Emancipation is age 18, unless still in high school, in which case it is extended to graduation or age 19, whichever comes first. Courts generally do not order payment of college education costs. Child Support Calculator.

Child Support Enforcement

The Montana child support enforcement agency can be found at:

http://www.dphhs.mt.gov/csed/index.shtml

Divorce Related Statutes For Montana

http://data.opi.mt.gov/bills/mca_toc/40.htm

Other Resources

The Divorce Financial Survival Series