40-2-104. Liability of married person when abandoned by spouse. A married person abandoned by a spouse is not liable for the spouse's support until the spouse offers to return, unless the spouse was justified by the person's misconduct in abandoning that person, nor is a married person liable for support of a spouse who is living separate from the person by agreement, unless support is stipulated in the agreement.
History: En. Sec. 245, Civ. C. 1895; re-en. Sec. 3725, Rev. C. 1907; re-en. Sec. 5801, R.C.M. 1921; Cal. Civ. C. Sec. 175; Based on Field Civ. C. Sec. 85; re-en. Sec. 5801, R.C.M. 1935; amd. Sec. 13, Ch. 293, L. 1975; R.C.M. 1947, 36-120; amd. Sec. 1562, Ch. 56, L. 2009.
Structure Montana Code Annotated
Part 1. Joint Interests, Obligations, and Powers
40-2-101. Mutual obligations of husband and wife
40-2-102. Duties of husband and wife as to support
40-2-104. Liability of married person when abandoned by spouse
40-2-105. Husband and wife as joint tenants
40-2-106. Liability for acts or debts of spouse
40-2-108. Married person as personal representative, guardian, conservator, or trustee
40-2-109. Right of person to sue spouse for intentional tort