Divorce

When a petition for divorce is filed, an ”automatic economic restraining order” will be issued by the court and served upon the respondent along with the divorce summons. The order will immediately prohibit both parties from:

1. transferring, hiding, putting a lien or mortgage on (encumbering), or getting rid of (disposing of) any marital property without the written consent of the other party or permission from the court;
2. canceling jointly held credit cards; 
3. terminating the other’s spouse’s authority to use a credit card;
4. racking up (incurring) unreasonable debt except if it is to cover permitted expenses; 
5. making any withdrawal for any purpose or borrowing from any deferred compensation, retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan, or from any individual retirement account or Keogh account except if it is to cover permitted expenses;
6. withdrawing or borrowing any part of the cash surrender value of any life insurance policies on either party or any of their children except if it is to cover permitted expenses;
7. changing the beneficiary designation on any life insurance policies on either party or their children or on any other account or asset;
8. canceling, changing, or allowing to lapse any existing insurance policies for property, life, automobile, or health that insures the parties, their children, or their property;
9. negotiating any instrument, check, draft, income tax refund, insurance payment, or dividends payable jointly to the parties or individually to the other party without the personal signature or prior written consent of the other party;
10. opening, turning away (diverting), or withholding mail, e-mail, or other electronic communications that is addressed only to the other party; and
11. intentionally damaging or destroying joint property or property of the other party while the divorce is ongoing, including any electronically stored materials, electronic communications, or financial records without written consent of the other party or a court order.¹

Each party is allowed to do any of the following:

• create, change (modify), or cancel (revoke) a will;
• cancel (revoke) or change a power of attorney; or
• create an unfunded revocable or irrevocable trust.¹

¹ MT ST § 40-4-126(1)