Property Division

People accumulate assets and debts during the course of a marriage.  These assets and debts must be distributed between the parties during a divorce or separation.  Asset division can be a long and complicated process.  Each divorce or separation presents a unique set of property and assets as no two cases are the same.

Special rules govern the distribution of different types of marital property.  It is important that you are fully advised of your rights as they pertain to premarital or gifted property, family inheritance, military retirement benefits and pensions, or railroad retirement and pensions.  Premarital and inherited assets have traditionally not been considered in dividing the marital assets and debts; however, given recent changes in the law, one spouse may have a claim to the other spouse’s premarital property.  Whenever a divorce or separation involves retirement and pensions, whether they are military, railroad, or otherwise, it is important that you exercise your rights to protect any interest you may have.

A family farm or ranch and property acquired after separation may also deserve special attention.  The attorneys at Datsopoulos, MacDonald & Lind are experts in the process of equitable property division not matter how complicated your financial situation.  We strive to maximize outcomes for our client, equitably under the Montana law.