Montana courts decide divorce outcomes based on equitable distribution principles, prioritizing the child’s best interests for custody and considering factors like marriage length and financial need for alimony.​
Child Custody
Courts award parenting plans that maximize parent-child contact while ensuring safety, evaluating parental fitness, child’s wishes (if mature), and stability without favoring either parent. Joint custody is common unless domestic violence or substance issues exist; modifications require changed circumstances post-decree.​
Alimony (Spousal Maintenance)
Alimony is not automatic and depends on one spouse’s need and the other’s ability to pay, weighed against marriage duration, standard of living, age, health, earning capacity, and contributions like homemaking. Awards can be temporary, lump-sum, or indefinite but remain modifiable upon significant changes; no fixed formula applies.​
Decision-Making Process
Montana operates as a no-fault state requiring 90-day residency and proof the marriage is irretrievably broken via 180-day separation or spouse testimony. Uncontested cases finalize quickly after filing via petition, service, and hearing; contested matters involve trials with evidence on assets divided equitably (not equally). No 2025 legislative changes alter these core frameworks.​
SOURCES
[1](https://www.divorcenet.com/states/montana/mt_faq01)
[2](https://www.womenslaw.org/laws/mt/divorce)
[3](https://hellodivorce.com/divorce-in-montana/everything-to-know-about-divorce)
[4](https://courts.mt.gov/external/library/forms/end_marriage/introduction_to_family_Law.pdf)
[5](https://courts.mt.gov/forms/end_marriage)
