Quick answer: Montana is an equitable distribution state, not a community property state. In a dissolution, the court, without regard to marital misconduct, shall finally and equitably apportion the property and assets belonging to either or both spouses, however and whenever acquired, and whether title is in the name of either or both. It considers the duration of the marriage and any prior marriage; the age, health, station, occupation, income and sources of income, vocational skills, employability, estate, liabilities and needs of each spouse; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; the opportunity of each for future acquisition of capital assets and income; the contribution or dissipation of value of the respective estates; and the contribution of a spouse as a homemaker or to the family unit. For premarital property, gifts and inheritances, the court considers the other spouse’s contributions to the marriage, including a homemaker’s nonmonetary contribution and the extent to which the contributions helped maintain the property. There is no fixed percentage, and the apportionment is final.
What the Montana statute says
- All property. The statute reaches the property and assets belonging to either or both, however and whenever acquired, so premarital and inherited property is within the court’s reach.
- Contribution and dissipation. The court considers contributions to and dissipation of the value of each estate.
- Children’s fund. The court may set aside a portion of the estates in a fund or trust for the children.
How the calculator works
You enter the property and debts each spouse holds. The calculator adds up the estate, starts at an equal share and shows the payment between the spouses; you can move the slider to test a different division. The reasoning is in how Montana divides property, all property, however acquired and contribution and dissipation.
Property and maintenance
The court considers whether the apportionment is in lieu of or in addition to maintenance. See the Montana alimony calculator.
Property division across Montana
The statute applies in every Montana district court, from Billings, Missoula, Great Falls, Bozeman, Butte or Helena. The IRS lists nine community property states, and Montana is not among them.
Frequently asked questions
Is Montana a community property state?
No. Montana equitably apportions property under MCA 40-4-202. The IRS lists nine community property states, and Montana is not among them.
Does Montana split property 50/50 in a divorce?
Not by rule. The court finally and equitably apportions the property after considering the statutory factors.
Is an inheritance divided in a Montana divorce?
It can be reached, because the statute covers property however and whenever acquired, but the court considers the other spouse's contributions to it.
Does fault matter in Montana property division?
No. The apportionment is made without regard to marital misconduct, though dissipation of value is a factor.
Can a Montana property apportionment be changed later?
Not without written consent or conditions that justify reopening a judgment.