It's important that you get the best possible financial settlement for yourself after divorce. Those who do not understand what they are entitled to receive are at a high risk of losing out and suffering financially as a result. The divorce settlement that you are able to secure can play a huge role in both your financial security and your quality of life for years to come.
It is therefore a good idea to take an active role in understanding the marital property laws in Montana. Montana is an equitable distribution state, meaning that the courts do not necessarily divide marital assets 50/50 between spouses. Instead, they consider a number of factors to establish the fairest way to distribute assets. The following is an overview of asset distribution at divorce in Montana.
Are there benefits to equitable distribution?
Equitable distribution should theoretically mean that a fairer outcome is established. The good news is that each spouse has more power to influence the share of marital assets that they gain. That could mean that they get more (or less) than 50% of the marital assets.
What factors do the Montana divorce courts take into account?
The court will go through a process in which they assess the duration of the marriage, the income, occupation, employability, and health of each spouse. They will consider the earning potential of each spouse as well as their financial liabilities.
If you want to gain a favorable outcome from the asset division process in Montana, take early action to start crafting your divorce strategy and understand how the law applies to your case. An experienced attorney can help.