Section 40-2-109 – Right of person to sue spouse for intentional tort

May 13, 2021 | Family Law, Montana

A person has a cause of action against the person’s spouse for damages caused by the spouse’s intentional tort against the person, and the common-law doctrine of interspousal tort immunity is, to that extent, abolished.

ยง 40-2-109, MCA

En. Sec. 1, Ch. 407, L. 1979; amd. Sec. 1565, Ch. 56, L. 2009.