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Montana Property Distribution Laws

In a Montana divorce, action, property is divided in an equitable manner. All property will be divided by a Montana Court based upon the following factors:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the length of the marriage;

• the age and health of the spouses;

• the occupation of the spouses;

• the amount and sources of income of the spouses;

• the vocational skills of the spouses;

• the employability of the spouses;

• the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

• the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment;

• any premarital agreement;

• any prior marriage of each spouse;

• whether the property award is instead of or in addition to maintenance; and

• any custodial provisions for the children.

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