Also See: Montana Marriage Laws
Statute: Montana State Divorce Code (Title 40, Part 1): data.opi.state.mt.us
Residency: Either party must be a resident of the state for at least 90 days prior to filing Legal Separation
Property Distribution: Montana relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.
Alimony: Alimony may be awarded to either party only if the court finds that a spouse both lacks sufficient property to provide for his needs and is unable to support himself through appropriate employment or is the custodian of a child that requires care preventing the spouse from seeking such employment.