If your marriage was short, you still end it by a dissolution of marriage (the statutory term for divorce) under the same Montana statutes that apply to everyone. There is no minimum time married and no separate track for brief marriages. What the law does say is that the length of the marriage is a factor in both property division and maintenance, and in a short marriage that factor usually points toward a narrower case. This page is part of our Montana Divorce Guide.

The Requirements Do Not Depend on Length

A Montana district court enters a decree of dissolution if one spouse was domiciled here, or stationed here in the armed services, for 90 days before filing, and the marriage is irretrievably broken (MCA § 40-4-104(1)). The breakdown must be supported by evidence that the spouses have lived separate and apart for more than 180 days before the case began, or that there is serious marital discord that adversely affects the attitude of one or both toward the marriage. A couple married six months and a couple married thirty years meet the same test.

Duration as a Property Factor

Montana does not sort property into marital and separate piles before the court gets involved. The court must equitably apportion the property belonging to either or both spouses, "however and whenever acquired," whoever holds title (MCA § 40-4-202(1)). The first factor the statute lists is "the duration of the marriage and prior marriage of either party." Others include each spouse's age, health, occupation, income, employability, liabilities, and needs.

The statute does not say what a short duration should do to the result. In practical terms, a brief marriage usually means less was acquired or paid down together and each spouse's finances are easier to trace. Whether that leads to each person leaving with roughly what they brought is a judgment about the facts, not a rule.

Property You Owned Before the Marriage

For property acquired before the marriage, by gift, or by inheritance, and for the increase in value of premarital property, the statute directs the court to consider the other spouse's contributions to the marriage, including (MCA § 40-4-202(1)):

  • the nonmonetary contribution of a homemaker;
  • the extent to which those contributions have facilitated the maintenance of the property; and
  • whether the property division serves as an alternative to maintenance.

The less time there was for a spouse to contribute to a premarital house, business, or account, the less there is for the court to weigh under that provision. But premarital property is not walled off. If your spouse paid toward the mortgage, worked in the business, or gave up a job or home to join you, those facts count. Records showing what each of you had on the wedding date make this far easier to resolve. Our guide to separate vs. marital propertyexplains more, and a valid premarital agreement is enforced as Montana's premarital agreement statutes provide (§ 40-4-202(5)).

Why Maintenance Is Harder to Justify

Maintenance is available only if the court finds that the spouse seeking it (MCA § 40-4-203(1)):

  • lacks sufficient property to provide for the spouse's reasonable needs; and
  • is unable to be self-supporting through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

A spouse who was working and self-supporting shortly before a brief marriage will often have difficulty showing the second part. That is why maintenance is harder to justify in these cases. The obstacle is the threshold test, not a bar based on years, and it can still be met. Examples include a spouse who left a career or relocated for the marriage and needs time to get back to work, a spouse whose health changed, or a parent caring for a child with significant needs. If the threshold is met, the court weighs the time needed for education or training, the standard of living during the marriage, the duration of the marriage, and the other spouse's ability to pay (§ 40-4-203(2)). See who qualifies for maintenance.

Simpler Routes to a Decree

A short marriage with little shared property may fit one of Montana's streamlined options. Summary dissolution is available when, among other conditions, there are no children of the relationship (or there is an agreed parenting plan with support already set by order), the wife is not pregnant, neither spouse has an interest in real property (a residential lease ending within a year is excepted), unsecured debts incurred since the marriage are not over $20,000, total assets are under $50,000 excluding secured obligations, and both spouses waive maintenance (MCA § 40-4-130).

If you do not fit those limits but agree on everything, a joint petition or an uncontested divorce may be the right path. Each spouse must still serve a declaration disclosing assets and liabilities within 60 days of service of the petition, unless both agree in writing to waive or reschedule the exchange (MCA § 40-4-252).

Things That Depend on a Number of Years

A few federal rules, which the divorce court does not control, do turn on how long you were married. A divorced spouse can qualify for Social Security on a former spouse's record only after a marriage of 10 years (42 U.S.C. § 416(d)). And a noncitizen spouse who became a permanent resident through a marriage less than two years old holds that status on a conditional basis (8 U.S.C. § 1186a). If either applies, read Social Security and divorce or immigration status and divorce before you settle on timing.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.