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Equitable distribution refers to the division of marital assets and debts during a divorce or legal separation.  Unlike community property states, which typically divide property equally, equitable distribution in Montana means that the division of property should be fair and just, considering various factors.  

Attorney Paul Moses has handled countless divorce cases and would be happy to discuss your case and questions.  Call us at 406.630.3032.

 Marital property in Montana generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or who made the purchase.

In Montana, "marital property" typically encompasses real estate, vehicles, bank accounts, investments, retirement accounts, business interests, personal belongings, and debts accumulated during the marriage.

Yes, there are certain exceptions to marital property in Montana. Property acquired before the marriage, inheritances or gifts received by one spouse and kept separate during the marriage, and property agreed to be separate through a valid written agreement are generally considered separate property and may not be subject to equitable distribution. 

No, equitable distribution does not necessarily mean a 50/50 split of property. The court has the discretion to divide property in a manner it considers fair under the circumstances.

Yes, spouses can reach their own agreement regarding the division of property without court involvement.

Yes, prenuptial agreements (also called premarital agreements) are generally enforceable in Montana.  However, they must meet certain criteria to be valid, such as being in writing, being voluntarily signed by both parties, and being entered into without any signs of coercion or fraud.

 If spouses cannot reach an agreement on property division, the court will make the decision for them.

Montana is a no-fault divorce state, meaning that the court generally does not consider fault or misconduct as a factor when dividing property.

Generally, once a property division order is issued and the divorce is finalized, it is difficult to modify who got what in the divorce.

Typically, issues of child custody and support are separate from property division.

No, but you can do your own brain surgery, too.  In either instance, the results will be the same:  bloody and irreversible.  So while you are not required to have an attorney, it is highly recommended to seek experienced legal representation if you have questions about or are interested in filing for divorce.