Divorce can be a challenging and emotionally charged process. One of the most contentious issues in a divorce is the division of assets, including income. Montana is an equitable distribution state, meaning that the court will divide the marital property equitably between the spouses, but not necessarily equally. In this article, we will explore how the division of income affects a Montana divorce.
The Types of Income in a Divorce
In a divorce, there are two types of income that are relevant for property division purposes. They are:
Marital Income
Marital income refers to income earned by either spouse during the marriage. It includes wages, salaries, tips, bonuses, commissions, self-employment income, and any other form of income that either spouse may have earned during the marriage.
Separate Income
Separate income refers to income earned by either spouse before the marriage or after the date of separation. It also includes income earned during the marriage that is proven to be separate, such as inheritance or gifts.
The Factors Considered by the Court in Dividing Income
When dividing income in a Montana divorce, the court considers several factors. They include:
The Length of the Marriage
The court will consider the length of the marriage in determining how to divide the income. A long marriage may result in a more equitable distribution of income than a short marriage.
The Age and Health of the Parties
The court will also consider the age and health of each party. If one party is older or has health problems, the court may award them a larger share of the income.
The Contribution of Each Party to the Marriage
The court will also consider the contribution of each party to the marriage. This includes not only financial contributions but also non-financial contributions such as homemaking and childcare.
The Income-earning Capacity of Each Party
The income-earning capacity of each party is also considered by the court. If one party has a higher earning capacity, they may be awarded a larger share of the income.
How the Court Divides Income
When dividing income, the court will determine which income is marital and which income is separate. Marital income will be subject to equitable distribution, while separate income will be awarded to the spouse who earned it.
Once the court has determined which income is marital, it will divide it equitably between the spouses. Equitable does not necessarily mean equal. The court will consider the factors listed above and any other relevant factors to determine what is fair and equitable in each case.
Conclusion
Dividing income in a Montana divorce can be a complex and challenging process. It is essential to have an experienced family law attorney who can help guide you through the process and advocate for your legal rights. If you are facing a divorce and have questions about the division of income, seek legal advice from a qualified attorney.