DIVORCE & EQUITABLE APPORTIONMENT

Blog post by Jill Hughes.

The separation of assets upon divorce can be a sticky topic. Montana is a no fault state – marital misconduct is not a factor in considering the apportionment of assets. Montana law also holds a standard of equitable apportionment for division of assets. At first blush, one might think this means assets are split 50/50. But an even split is not how ‘equitable’ is interpreted. ‘Equitable’ includes the idea of creating a similar position for each party. There are a host of factors that are considered to determine what is fair. Included in that list of factors are contributions of a homemaker, vocational skills, income, age, duration of marriage, and each party’s contribution to the dissipation of the family estate.

 

If you are considering a separation or dissolution of marriage, legal advice will provide you advocacy with consideration of all the factors under Montana law. Matrium Law Group is a family and estate planning law firm in Missoula, Montana. Contact a licensed attorney at the firm by calling (406) 552-7814.