Montana Code Annotated
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-202. Division of property

40-4-202. Division of property. (1) In a proceeding for dissolution of a marriage, legal separation, or division of property following a decree of dissolution of marriage or legal separation by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to divide the property, the court, without regard to marital misconduct, shall, and in a proceeding for legal separation may, finally equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title to the property and assets is in the name of the husband or wife or both. In making apportionment, the court shall consider the duration of the marriage and prior marriage of either party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, custodial provisions, whether the apportionment is in lieu of or in addition to maintenance, and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution or dissipation of value of the respective estates and the contribution of a spouse as a homemaker or to the family unit. In dividing property acquired prior to the marriage, property acquired by gift, bequest, devise, or descent, property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent, the increased value of property acquired prior to marriage, and property acquired by a spouse after a decree of legal separation, the court shall consider those contributions of the other spouse to the marriage, including:
(a) the nonmonetary contribution of a homemaker;
(b) the extent to which the contributions have facilitated the maintenance of the property; and
(c) whether or not the property division serves as an alternative to maintenance arrangements.
(2) In a proceeding, the court may protect and promote the best interests of the children by setting aside a portion of the jointly and separately held estates of the parties in a separate fund or trust for the support, maintenance, education, and general welfare of any minor, dependent, or incompetent children of the parties.
(3) Each spouse is considered to have a common ownership in marital property that vests immediately preceding the entry of the decree of dissolution or declaration of invalidity. The extent of the vested interest must be determined and made final by the court pursuant to this section.
(4) The division and apportionment of marital property caused by or incident to a decree of dissolution, a decree of legal separation, or a declaration of invalidity is not a sale, exchange, transfer, or disposition of or dealing in property but is a division of the common ownership of the parties for purposes of:
(a) the property laws of this state;
(b) the income tax laws of this state; and
(c) the federal income tax laws.
(5) Premarital agreements must be enforced as provided in Title 40, chapter 2, part 6.
(6) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.
History: En. 48-321 by Sec. 21, Ch. 536, L. 1975; R.C.M. 1947, 48-321; amd. Sec. 1, Ch. 613, L. 1983; amd. Sec. 13, Ch. 189, L. 1987; amd. Sec. 4, Ch. 88, L. 2013.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 4. Termination of Marriage, Child Custody, Support

Part 2. Support, Custody, Visitation, and Related Provisions

40-4-201. Separation agreement

40-4-202. Division of property

40-4-203. Maintenance

40-4-204. Child support -- orders to address health insurance -- withholding of child support

40-4-205. Guardian ad litem

40-4-206. Payment of maintenance or support to court -- handling fee of clerk

40-4-207. Assignments

40-4-208. Modification and termination of provisions for maintenance, support, and property disposition

40-4-209. Security or guaranty to secure support

40-4-210. Child support jurisdiction -- nonresident individual

40-4-211. Jurisdiction -- commencement of parenting proceedings

40-4-212. Best interest of child

40-4-213. Interim parenting plan

40-4-214. Interviews

40-4-215. Investigations and reports

40-4-216. Hearings

40-4-217. Notice of intent to move

40-4-218. Judicial supervision

40-4-219. Amendment of parenting plan -- mediation

40-4-220. Affidavit practice

40-4-221. Determination of child's care upon death of parent

40-4-222. Repealed

40-4-223. Repealed

40-4-224. Repealed

40-4-225. Access to records by parent

40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children

40-4-227. Rights of parents and children -- policy -- findings

40-4-228. Parenting and visitation matters between natural parent and third party

40-4-229. through 40-4-232 reserved

40-4-233. Final parenting plan -- purpose and objectives

40-4-234. Final parenting plan criteria

40-4-235. through 40-4-250 reserved

40-4-251. Definitions

40-4-252. Preliminary declaration of disclosure -- penalty

40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration

40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies

40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court

40-4-257. Default judgments -- disclosures

40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure