Montana Property Distribution Laws

Montana Property Distribution Issues & Resources

Montana Property Distribution


In a Montana divorce, action, property is divided in an equitable manner. All property will be divided by a Montana Court based upon the following factors:

  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; 

  • the length of the marriage; 

  • the age and health of the spouses; 

  • the occupation of the spouses;

  • the amount and sources of income of the spouses;

  • the vocational skills of the spouses; 

  • the employability of the spouses; 

  • the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; 

  • the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment; 

  • any premarital agreement; 

  • any prior marriage of each spouse; 

  • whether the property award is instead of or in addition to maintenance; and 

  • any custodial provisions for the children.

Montana Law Links

Click Here for Montana Message Board