Idaho Divorce & Finances

UPDATED: Jul 14, 2021

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UPDATED: Jul 14, 2021Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 14, 2021

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It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 14, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 14, 2021Fact Checked

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. 

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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