Montana Divorce Guide

Financial Disclosure in a Montana Divorce

Before property is divided, each spouse has to tell the other, under penalty of perjury, what they own, owe, earn, and spend.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: September 18, 2026

Key Takeaways: Financial Disclosure in a Montana Divorce

Each spouse must serve a preliminary declaration of disclosure within 60 days of service of the petition, signed under penalty of perjury (MCA § 40-4-252(1)).
A final declaration of disclosure is due before or at the time of a settlement, or no later than 45 days before the first assigned trial date (MCA § 40-4-253(1)).
Both come with an income and expense declaration.
Disclosure covers every asset and liability, however and whenever acquired and in either spouse's name (MCA § 40-4-251).
An asset left off the final declaration is presumed grounds to award it to the other spouse, and an undisclosed debt to the spouse who hid it (MCA § 40-4-253(4)).
The court may set aside the judgment for perjury in a declaration, within 5 years of the judgment for the final declaration (MCA §§ 40-4-252(6), 40-4-253(5)).

Financial disclosure in a Montana divorce is mandatory and it is mutual. Under MCA §§ 40-4-251 to 40-4-258, each spouse must serve the other with a preliminary declaration of disclosure within 60 days of service of the petition, and a final declaration of disclosure before a settlement or trial, each signed under penalty of perjury and each accompanied by an income and expense declaration. This page is part of the filing section of our Montana Divorce Guide.

Preliminary and Final Declarations Compared

Topic	Preliminary declaration	Final declaration
When	Within 60 days of service of the petition	Before or at the time of an agreement on property or support, or no later than 45 days before the first assigned trial date
What it covers	The identity of all assets in which you have or may have an interest and all liabilities for which you are or may be liable, with your percentage of ownership or obligation where others share it	All material facts and information on the characterization of assets and liabilities, the valuation of assets, the amounts of obligations, and each party's expenses, earnings, and accumulations
Comes with	A completed income and expense declaration, unless a current one has already been provided	A current income and expense declaration
Can the spouses waive it?	Yes, by written stipulation or oral stipulation in open court. They may also change the time.	The statute lets the spouses change the time by stipulation. In a default, the petitioner may waive it.
MCA	§ 40-4-252	§§ 40-4-253, 40-4-257

What Counts as an Asset or a Liability

The definitions are deliberately wide. An asset "includes but is not limited to any real or personal property of any nature however and whenever acquired," tangible or intangible, "currently existing or contingent," and whether title is in one spouse's name or both. A liability includes any debt or obligation, existing or contingent, in either name or both. The marital estate"includes all assets and liabilities" (MCA § 40-4-251).

That breadth matches how Montana divides property. The court apportions property belonging to either or both spouses, "however and whenever acquired," whoever holds title (MCA § 40-4-202(1)). So an inheritance, a premarital account, or a business interest you consider yours alone still goes on the list. You may state how you characterize it. The preliminary declaration "may also set forth the declarant's characterization of each asset or liability" (MCA § 40-4-252(3)). See separate vs. marital property.

The Preliminary Declaration: 60 Days

The first deadline arrives early. Within 60 days of service of the petition, each spouse serves the other with a preliminary declaration that identifies, "with sufficient particularity, which a person of reasonable and ordinary intelligence can ascertain," all assets and liabilities and the declarant's percentage share of any that are co-owned with someone else (MCA § 40-4-252(1), (3)). The automatic economic restraining order served with the summons repeats this deadline.

It is exchanged between the spouses and is not filed with the court unless the court orders it (MCA § 40-4-252(2)). You may amend it without the court's permission (MCA § 40-4-252(4)), so if you find an account you forgot, correct the declaration promptly.

The Final Declaration and the Income and Expense Declaration

The final declaration is the detailed one. It must include "all material facts and information" about the characterization of all assets and liabilities, the valuation of assets claimed to be marital, the amounts of marital obligations, and each party's expenses, earnings, and accumulations (MCA § 40-4-253(2)). It is due before or at the time the spouses sign an agreement resolving property or support, or, if the case goes to trial, no later than 45 days before the first assigned trial date.

The income and expense declaration travels with both disclosures. "Earnings and accumulations" means income from any source, and "expenses" means personal living expenses, not business expenses (MCA § 40-4-251(3), (4)). Those figures feed directly into child support and maintenance.

The final declaration is also a gate. "Absent good cause, the court may not enter a judgment with respect to the parties' property rights unless each party has executed and served" the final declaration and current income and expense declaration (MCA § 40-4-254).

Consequences of Leaving Something Out

The statutes attach four kinds of consequences to nondisclosure.

Losing the asset. Failure to disclose an asset or liability on the final declaration "is presumed to be grounds for the court, without taking into account the equitable division of the marital estate, to award the undisclosed asset to the opposing party or the undisclosed liability to the noncomplying party" (MCA § 40-4-253(4)).
Reopening the judgment. The court may set aside the judgment, or part of it, if it discovers that a party committed perjury in the preliminary declaration (MCA § 40-4-252(6)), or discovers within 5 years from entry of judgment that a party committed perjury in the final declaration (MCA § 40-4-253(5)). The statutes on modifying decrees and settlement agreements cross-refer to these sections (MCA §§ 40-4-201(7), 40-4-208).
Fees and evidence limits. The court "shall" order a noncomplying party to pay the other's reasonable attorney fees or costs unless it finds substantial justification, and may bar that party from presenting evidence on issues the disclosure should have covered (MCA § 40-4-255).
Perjury. Both declarations are executed under penalty of perjury, and the statutes preserve every other civil or criminal remedy for it.

Disclose fully and accurately. If you are unsure whether something belongs on the list, list it and say how you characterize it. If you believe your spouse is not being forthcoming, see hidden assets and dissipation.

Disclosure Is Not Discovery

Declarations of disclosure are something each spouse owes without being asked. They do not replace formal discovery, such as written questions, document requests, and depositions, under the Montana Rules of Civil Procedure, and they do not limit the court's power to issue protective orders (MCA § 40-4-258). Our page on discovery in a divorce explains those tools.

One more provision is worth knowing. A spouse who has served the appropriate declaration may ask the court, for good cause, to order the liquidation or transfer of a marital asset during the case to avoid unreasonable encumbrance, devaluation, or market or investment risk (MCA § 40-4-256).

Getting Ready

Sixty days goes quickly. Start collecting tax returns, pay stubs, account statements, retirement statements, loan and credit card statements, deeds, titles, and business records as soon as a case is filed or likely. Our divorce documents checklist lists what to gather. Tax and valuation questions are often best answered by a CPA or an appraiser, and a lawyer can tell you when one is needed. Our property division page describes how the firm works on these issues.

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

Montana Divorce Guide Divorce Temporary Orders During Divorce Interim Parenting Plans Divorce Without a Lawyer How to File for Divorce in Montana

FAQ

Financial Disclosure in a Montana Divorce FAQ

Do I have to disclose property that is only in my name?

Yes. The statute defines an asset as any real or personal property of any nature, however and whenever acquired, whether the title is in the name of one spouse or both (MCA § 40-4-251(1)). The preliminary declaration must list all assets and liabilities regardless of how they are characterized (MCA § 40-4-252(3)(a)). Whether something should be divided is a separate question from whether it must be disclosed.

Is my financial disclosure filed with the court?

The preliminary declaration of disclosure may not be filed with the court except on the court's order (MCA § 40-4-252(2)). It is served on your spouse. For the final declaration, each party files a declaration, signed under penalty of perjury, stating that the final disclosure and current income and expense declaration were served (MCA § 40-4-254).

Can we skip disclosure if we agree on everything?

Spouses may waive or reschedule the exchange of preliminary declarations by written stipulation or by oral stipulation in open court (MCA § 40-4-252(1)). For the final declaration, the statute allows the spouses to change the timing, and says the court may not enter a judgment on property rights without it absent good cause (MCA §§ 40-4-253(1)(b), 40-4-254). Skipping disclosure removes the main protection each of you has against an uninformed deal.

What if my spouse will not provide a disclosure?

A spouse who has complied may, within a reasonable time, request that the other comply, and if that fails may file a motion to compel or a motion to bar the noncomplying spouse from presenting evidence on the issues the disclosure should have covered (MCA § 40-4-255(1), (2)). The court must also order the noncomplying spouse to pay reasonable attorney fees or costs unless it finds substantial justification (MCA § 40-4-255(3)).

What happens if an asset is discovered after the divorce?

The statute says failure to disclose an asset on the final declaration is presumed grounds to award it to the other spouse (MCA § 40-4-253(4)), and a decree may be modified under the disclosure statutes for failure to disclose assets and liabilities (MCA § 40-4-201(7)). See reopening a divorce judgment.

Have Questions About Disclosure?

We can help you prepare complete, accurate declarations or review what your spouse has provided. Call 406-830-3060 for a confidential consultation.

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