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Understanding asset division laws in Montana

One of the most complex processes in a divorce proceeding is the asset division process. Splitting marital assets tends to be particularly complex between high asset spouses, spouses who are struggling to maintain a collaborative relationship, and spouses who have been married for many years.

State laws have a huge impact on how marital assets are divided at divorce. This is why it is so important to understand the specific laws in place in the state that you intend to divorce in.

What is defined as marital property?

Only marital property is subject to division in divorce. Assets that are defined as separate property will be kept by the spouse that owns them. Generally speaking, marital property is defined as any property acquired by either spouse after the date of the marriage, with the exception of inheritances and gifts.

How does Montana divide marital property?

Montana follows equitable distribution laws when dividing marital property. This means that the Montana courts will consider many different factors when deciding on the fairest way to distribute assets between spouses.

What factors do Montana courts take into account?

Montana courts consider many factors when deciding what settlement would be fair. They will likely consider the length of the marriage, as well as the age and occupation of each divorcing spouse. They will also consider the potential that each spouse has to earn an income in the future.

If you are considering filing for a divorce in Montana but you want to know what the likely outcome will be, you should take early action to understand how Montana laws would be applied to your case.

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Cunningham Law Office is a family law-focused firm in Missoula, Montana. We serve Missoula, Ravalli County, and the surrounding area.