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Financial

Marital Asset Division in Montana

How marital vs. separate property is classified and divided in Montana. Montana follows equitable distribution.

Property Type

Equitable

Filing Fee

$170–$230

Median Cost

$7,500–$30,000

Annual Divorces

4,000+

Understanding Marital Assets in Montana

Montana is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in Montana is approximately $7,500. Contested divorces involving significant financial disputes average $30,000. These figures include attorney fees, filing fees ($170–$230), and related costs.

Under Mont. Code §40-4-104, Montana courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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Common Questions

How long do you have to live in Montana to file for divorce?
Montana requires 90 days of residency before you can file for divorce. Mont. Code §40-4-104 governs the filing requirements.
Is Montana a community property or equitable distribution state?
Montana follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Montana?
Filing fees in Montana range from $170–$230. The median total cost is approximately $7,500 for uncontested divorces and $30,000 for contested cases.
How long does a divorce take in Montana?
Montana has a mandatory waiting period of 20 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Montana?
Montana uses the Melson Formula, a modified income shares model with a self-support reserve. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about marital assets in Montana and is not legal advice. Verify current statutes with Mont. Code §40-4-104 or consult a licensed Montana attorney. Last reviewed March 2026.