Alimony and Spousal Support in Idaho
How Idaho decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: The court may order maintenance only if the spouse seeking it lacks enough property to meet reasonable needs and cannot support themselves through employment. Idaho Code § 32-705; CAO D Instruction 1
| Alimony (spousal support) | The court may order maintenance only if the spouse seeking it lacks enough property to meet reasonable needs and cannot support themselves through employment. The amount and length are what the court finds just, considering the spouse's financial resources (including property received in the divorce), time needed for education or training, length of the marriage, age and health, the other spouse's ability to pay, tax consequences, and the fault of either party. There is no duration formula; the Self-Help Center says maintenance generally lasts as long as reasonably needed for the spouse to become self-supporting. |
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| Dividing property | Idaho is a community property state. Property acquired during the marriage is generally community property, and income from both separate and community property is community property unless a written agreement says otherwise. Separate property is property owned before marriage or acquired during marriage by gift, inheritance, or with separate funds, and it is awarded to the owning spouse. Community property is divided substantially equally unless there are compelling reasons otherwise, considering factors such as length of the marriage, any prenuptial agreement, each spouse's age, health, income, job skills and needs, and retirement benefits. |
Where to get help in Idaho
More Idaho divorce & family law
- Getting a Marriage License in Idaho
- Adopting a Child in Idaho
- Guardianship of a Child or Adult in Idaho
- Establishing Paternity in Idaho
- Changing Your Name in Idaho
- Child Custody Laws in Idaho
- How Child Support Is Calculated in Idaho
- Divorce Records in Idaho
- How to File for Divorce in Idaho
- Legal Separation and Annulment in Idaho
- All Idaho divorce & family law rules
FAQ
How is alimony decided in Idaho?
The court may order maintenance only if the spouse seeking it lacks enough property to meet reasonable needs and cannot support themselves through employment. The amount and length are what the court finds just, considering the spouse's financial resources (including property received in the divorce), time needed for education or training, length of the marriage, age and health, the other spouse's ability to pay, tax consequences, and the fault of either party. There is no duration formula; the Self-Help Center says maintenance generally lasts as long as reasonably needed for the spouse to become self-supporting.
Is Idaho a community property state?
Idaho is a community property state. Property acquired during the marriage is generally community property, and income from both separate and community property is community property unless a written agreement says otherwise. Separate property is property owned before marriage or acquired during marriage by gift, inheritance, or with separate funds, and it is awarded to the owning spouse. Community property is divided substantially equally unless there are compelling reasons otherwise, considering factors such as length of the marriage, any prenuptial agreement, each spouse's age, health, income, job skills and needs, and retirement benefits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.