Prenuptial Agreement Cost in Montana
Last updated 5 min read
A prenuptial agreement in Montana typically costs $890 – $2,500 for a simple agreement and up to $5,000 – $10,000 for complex estates. Montana prenup costs depend on attorney rates, how complex your finances are, and whether both spouses retain their own lawyer. This page isn't legal advice — it's a plain-English summary of how a prenup in Montana works, what it costs, and what the state requires.
Cost breakdown
| Complexity | Typical cost | Who this fits |
|---|---|---|
| Simple | $890 – $2,500 | W-2 income, no business, no kids from prior relationships |
| Moderate | $2,500 – $5,000 | Real estate, retirement accounts, modest separate property |
| Complex | $5,000 – $10,000 | Business interests, multi-state property, expected inheritance |
Average attorney rate in Montana: $150–$350/hr. Both spouses hiring separate attorneys typically adds 50–75% to the total bill.
What Montana law requires
- In writing: Yes — required.
- Notarization: Not required, but recommended for evidentiary purposes.
- Independent counsel: Strongly recommended (and often outcome-determinative if litigated).
- Community property state: No — equitable distribution applies in the absence of an agreement.
The controlling statute is Mont. Code Ann. §§40-2-601 to 40-2-610 — read the full text on the Montana legislature site.
Montana adopted the UPAA. Standard UPAA defenses apply. Child support cannot be adversely affected.
Timeline
Start the conversation at least 90 days before the wedding and sign at least 30 days before.
Find a prenup attorney in Montana
The single most important hire for a Montana prenup is your own family law attorney. We partner with LegalMatch to connect readers with vetted family law attorneys in their state.
Find a prenup attorney in Montana
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