Divorce

After an automatic economic restraining order is issued, there are permitted exceptions to the rules that prohibit spending of marital money. The law says that each spouse can spend marital money for the following reasons:

1. for expenses necessary to reasonably maintain the marital standard of living; 
2. for necessary items, such as:
   • food; 
   • clothing;
   • shelter; 
   • necessary health care expenses; 
   • transportation to and from work; and
   • child care;
3. in the customary and usual course of operating an existing business; and
4. for the purpose of paying a reasonable amount for professional fees and costs related to a proceeding for divorce, custody, child support, and an order of protection.¹

If either spouse wants to spend an “extraordinary” amount of marital money, s/he has to file a notice with the court of the proposed extraordinary expenditure at least 14 days before the action is taken.¹

¹ MT ST § 40-4-126(1)