Idaho Divorce & Spousal Support

By Elizabeth Rayne

Spousal support serves an important role in helping a divorcing spouse with insufficient income make the transition to single life. Courts in Idaho may award support if one spouse is not able to support himself; couples also have the option to negotiate and enter into a spousal support agreement on their own. Spousal support may automatically end after a period of time and either spouse may petition the court to modify support if circumstances change.

Spousal support serves an important role in helping a divorcing spouse with insufficient income make the transition to single life. Courts in Idaho may award support if one spouse is not able to support himself; couples also have the option to negotiate and enter into a spousal support agreement on their own. Spousal support may automatically end after a period of time and either spouse may petition the court to modify support if circumstances change.

Requirements for Divorce

In order to get a divorce in Idaho, you must meet the residency requirements and have grounds for divorce. You may only file for divorce if at least one spouse has resided in the state for at least six weeks prior to filing. Idaho recognizes both fault and no-fault grounds for divorce. Fault divorce places the blame for dissolving the marriage on one spouse. Available fault grounds include cruelty, neglect, adultery or willful desertion. More commonly, couples divorce on no-fault grounds, meaning that they have irreconcilable differences.

Divorce is never easy, but we can help. Learn More

Spousal Support Overview

Idaho courts will only grant spousal support, or maintenance, if one spouse is unable to reasonably support herself. Depending on the facts of a particular case, the court has discretion to award either permanent support or fixed-term support, which expires after a certain amount of time. The court will consider spousal support after the property division is determined, as the spouse may be able to support herself with the property she received from the divorce settlement. Only if the spouse is unable to support herself, and not able to secure employment, will the court award spousal maintenance. Whether the spouse's current resources reasonably allow her to support herself will be based on the standard of living enjoyed during the marriage.

Support Factors

If the court determines that one spouse should receive spousal support, the court will then consider a number of factors to establish the amount of maintenance. Factors may include the length of the marriage, details of the property settlement, financial resources of spouse seeking support, and ability of the other spouse to pay. Additionally, the court will consider the time it may take for the spouse to receive training or education to pursue employment, as well as the physical and mental health of the spouse. In a divorce case pursued on fault grounds, the court may take fault into consideration when determining the amount of support.

Modification

If circumstances have substantially and materially changed since the original support order was put in place, either spouse may file a petition to modify spousal support. Material changes generally refer to a substantial increase or decrease in either spouse's income. The same court that awarded spousal support has discretion to modify the order.

Divorce is never easy, but we can help. Learn More
Divorce Alimony Laws Defined by New York State

References

Related articles

Divorce Law in New Hampshire for Alimony

Following a divorce, alimony may be awarded to help a struggling spouse transition to single life, with the hope that both spouses will eventually secure an independent source of income. In New Hampshire, courts rarely award permanent alimony. In determining short-term alimony, the courts will consider the relative income of each party and each party's ability to make money.

Will He Still Have to Pay Alimony With a No Fault Divorce in Pennsylvania?

When spouses file for divorce in Pennsylvania, a financially weaker spouse may be entitled to alimony. Pennsylvania courts award alimony based on financial need. It is not a punishment for any misconduct that may have caused the divorce. Even if spouses are filing for a no fault divorce, one of them may still owe alimony to the other.

Ohio Laws on Spousal Support in a Marriage Dissolution

When married couples make the difficult decision to get divorced, the issue of spousal support can become quite contentious. It's important to understand what factors judges look at when determining whether to grant support and to what extent. Ohio law provides for two types of spousal support, temporary and permanent, which can vary based on the length of the marriage. In some circumstances, an order for support can be modified or even terminated by petitioning the court.

Get Divorced Online

Related articles

Colorado Divorce Maintenance & Overtime

In Colorado, courts do not follow a strict mathematical formula for permanent spousal maintenance, but instead follow ...

Alimony Laws in Tennessee

Alimony is a monetary award paid to the financially weaker spouse after a divorce. Tennessee courts can award one of ...

How to Figure Alimony Payments in Iowa

After divorce, one spouse is sometimes left without financial resources to support herself, but alimony -- sometimes ...

Minnesota Spousal Maintenance Laws

When spouses divorce, one spouse may be eligible for "spousal maintenance." This is money you receive from ...

Browse by category