In Re the Marriage of Wolf

¶21 I dissent from the majority’s disposition of this case.

¶22 The majority holds that the pivotal issue in this case is whether § 40-4-208(4), MCA, applies. Opinion, ¶¶ 2,16. The majority concludes that the statute applies and that Holly’s marriage to Loftis terminated Walter’s obligation to pay maintenance to her.

¶23 However, § 40-1-402(5), MCA, provides that a declaration of marriage invalidity may be retroactive to the date of the marriage. I conclude, because the marriage to Loftis was invalidated and specifically made retroactive to the date of the marriage, § 40-4-208, MCA, does not…