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Prenuptial Agreements in Montana

Prenuptial agreement laws, enforceability, and requirements in Montana. Montana follows equitable distribution.

Property Type

Equitable

Filing Fee

$170–$230

Median Cost

$7,500–$30,000

Annual Divorces

4,000+

Understanding Prenuptial Agreements in Montana

Montana processes approximately 4,000+ divorces annually. Understanding your rights and options specific to Montana is essential before making decisions that will affect your finances and family for years to come.

Montana follows equitable distribution rules for dividing marital assets. The state only allows no-fault divorce. Filing fees are $170–$230, with a residency requirement of 90 days.

The median cost ranges from $7,500 for uncontested cases to $30,000 for contested divorces. Under Mont. Code §40-4-104, courts consider multiple factors when making decisions about property, support, and custody.

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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This page provides general information about prenuptial agreements 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.