40-2-206. Earnings and accumulations -- when separated. The earnings and accumulations of a married person and of the person's minor children living with the person or in the person's custody, while the person is living separate from the person's spouse, are the individual property of that person except that, to the extent that a mutual duty of support between the husband and wife as established by 40-2-102 still exists, the earnings and accumulations are liable for debts incurred for necessary articles procured for the use and benefit of the married person, the person's spouse, or minor children.
History: En. Sec. 224, Civ. C. 1895; re-en. Sec. 3704, Rev. C. 1907; re-en. Sec. 5796, R.C.M. 1921; Cal. Civ. C. Sec. 169; re-en. Sec. 5796, R.C.M. 1935; amd. Sec. 7, Ch. 293, L. 1975; R.C.M. 1947, 36-115; amd. Sec. 1569, Ch. 56, L. 2009.
Structure Montana Code Annotated
40-2-201. When husband's and wife's interests separate
40-2-202. Individual property of married person
40-2-203. Inventory of individual personal property of married person
40-2-204. Effect of filing inventory
40-2-205. Earnings and accumulations of married person
40-2-206. Earnings and accumulations -- when separated
40-2-207. Work and labor of married person
40-2-208. Debts of spouse contracted before marriage
40-2-209. Individual property of married person -- how far liable