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Montana law calls for equitable division of property. While equitable implies fair, it does not necessarily mean equal. The court, however, encourages spouses to come to an agreement on their own regarding marital property. If the court must intervene, it will take several factors into account. Considerations include, but are not limited to, whether or not one spouse will receive alimony payments, the earning capacity of both spouses, length of the marriage, contribution of the homemaker if applicable, custody arrangements, and debts and age.

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