A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Montana, adultery can have legal implications in the context of divorce proceedings. While Montana is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing by the other spouse to obtain a divorce, the conduct of the spouses during the marriage, including adultery, can be considered when dividing marital property. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider the dissipation of marital assets when making an equitable division of property. This means that if one spouse has used marital funds to buy gifts for a paramour, the court may order reimbursement to the marital estate. The reimbursement could involve returning the gift if it retains value, such as jewelry, or replacing the spent funds with the cheating spouse’s separate property. It is important for individuals in such situations to consult with an attorney to understand their rights and potential remedies under Montana law.