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Montana MT AI draft

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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution

Montana divides all marital property equitably regardless of how title is held. Courts use a multi-factor analysis to determine a fair distribution appropriate to the circumstances of the case.

Statutory Factors

The following factors are commonly evaluated under Montana law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: Mont. Code Ann. §40-4-202 ↗

Source: https://leg.mt.gov/bills/mca/

Source & verification AI draft
Citation
Mont. Code Ann. §40-4-202
Source URL
https://leg.mt.gov/bills/mca/
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Reference Library

Montana Property Division

Montana Code Ann. §40-4-202 provides for equitable distribution of all property, without distinguishing between marital and non-marital property. Courts consider the length of the marriage, prior marriages, each party's contributions including homemaker services, economic circumstances, and the custodial needs of minor children. The division must be equitable under all circumstances.

Citation: Mont. Code Ann. §40-4-202

Source: https://leg.mt.gov/bills/mca/

Last updated: 2026-05-19T01:39:53.731417

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