Property and Maintenance in a Divorce
MCA 40-4-202 — an equitable split of everything either spouse owns, without regard to misconduct, and maintenance only on need
The court equitably apportions all the property of either or both spouses, however and whenever acquired and in whoever's name, without regard to marital misconduct.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- The court weighs the length of the marriage, each spouse's age, health, income, skills, debts and needs, and the custody arrangements.
- It counts a homemaker's contribution to the family, and the value either spouse added or wasted.
- For property owned before the marriage or received as a gift or inheritance, it weighs what the other spouse contributed to it.
Maintenance is ordered only for a spouse who lacks property for reasonable needs and either cannot be self supporting through appropriate work or cares for a child whose circumstances make staying home appropriate.
The amount and length are what the court considers just, without regard to misconduct, weighing the standard of living, the length of the marriage, the time needed for training, and the other spouse's ability to pay.
Sources for this section (2)
- MCA 40-4-202 — Division of property
- MCA 40-4-203 — Maintenance
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.