Idaho Divorce & Finances
UPDATED: March 3, 2020
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The division of joint finances during your divorce in Idaho can cause uncertainty and confusion as you separate your financial partnership as well as your emotional one. In many cases, couples are unable to agree on what should happen in the division of property or the payment of spousal support (alimony) and child support. The laws on divorce in each state govern the outcome of situations that involve divorce and spousal support.
Idaho Divorce Laws and Property Division
Idaho is a community property state which means that, unless the parties come to their own agreement out of court, all property that was acquired during the marriage belongs to the marital unit and is divided equally on a 50-50 basis. Each party is allowed to keep his or her own property that he acquired before the marriage and certain other limited forms of property, such as monetary damages for pain and suffering from a personal injury lawsuit, as long as this property was not co-mingled with "community" assets.
Alimony or Spousal Support in Idaho
In addition to the division of property, the Idaho courts may also need to determine the amount of alimony or spousal support. Spousal support is a regular amount of money that a court of law orders a person to pay to his former spouse after a divorce. Whenever the court issues a decree for the dissolution of marriage (a divorce), the court may also issue an order at that time requiring either the husband or wife to pay spousal support to the other spouse. Spousal support may only be ordered in Idaho if the court finds that it is necessary. In Idaho, a divorce by itself creates no automatic obligation for either spouse to support the other.
When the court does grant spousal support, usually called “alimony” or “maintenance” in Idaho, it does so on a case-by-case basis and in consideration of many factors, including:
- The financial resources of the party seeking maintenance
- The time and input of resources necessary for the party seeking maintenance to find appropriate employment and/or training that would make him employable
- The established standard of living during the marriage
- The duration of the marriage
- The physical and emotional condition of the party seeking maintenance
- The ability of the would-be payor spouse to meet his or her own needs while also meeting those of the other spouse
These are just a few of the issues that arise during an Idaho divorce proceeding. If you are in the process of ending your marriage, you need the assistance of an experienced divorce lawyer to ensure that your legal rights are fully protected.