How is property divided in a divorce in Montana?
Montana is an “equitable distribution” state, (by case law rather than statute), generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce. Does Montana have Alimony? Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce IF it is “equitable and just”. It is generally based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if necessary at all), is usually for a shorter period of time, and smaller amount than in the past, although alimony in Montana is for an indefinite period, meaning that it may be increased or decreased if there is a change in one of the party’s circumstances. Are there guidelines for custody of children in Tex
