Idaho Property Division | ID Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

Once a couple files for divorce, all assets and debt from the marriage must be sorted out by the courts. A universal concern among divorcing spouses is property division, specifically Idaho property division.

No divorcing spouse should go through the legal process without the guidance of a licensed attorney who works in Family Law. Property division laws can be complex, every divorce is different and lawyers have the proper training/experience to tell the judge what a divorcing spouse wants and/or needs from the property division.

Property Division Divorce Laws in Idaho

The purpose of Idaho property division laws is to make sure that Idaho marital property is allocated equally to each spouse, generally in a 50-50 split. If a 50-50 division would not be equitable, the courts may choose to divide the property in a more equitable fashion under Idaho Code §32-712(1)(a).

Idaho is a community property state. This means that with regard to Idaho divorce assets, each spouse has a ½ vested interest in the property of the other spouse that should be considered in dividing Idaho divorce assets or Idaho divorce property. The only property that does not come into the court's division is separate property.

However, Idaho case law does permit the court to invade a spouse's separate property if necessary for an equitable property division in order to have Idaho divorce property allocated as equitably as possible to each spouse.

What is considered Marital and Non-Marital Property?

Idaho marital property is defined under Idaho Code §32-906 as all property acquired after marriage by either spouse. One exemption is property classified differently under an agreement.

Non-marital property is defined as followed under §32-903:

All property of either spouse owned before marriage
Property acquired afterward by either through gift, bequest, devise or descent
Property acquired with the proceeds of a spouse's separate property

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The last step is either a 50-50 division or property or the most equitable division under Idaho Code §32-712(1)(b). Some of these factors are:

The marriage's length
The parties' existing retirement benefits
Any awards of maintenance to either spouse
The parties' present & potential earning capacity
Any prenuptial agreements between the parties

Using these statutory factors, judges decide how a marriage's assets should be divided. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equally among the spouses.
- Example 1: A joint savings account has $5,000. The court would most likely award $2,500 to each spouse.
- Example 2: A joint savings account has $5,000. One spouse contributed $4,000 and the other contributed $1,000. The amount will be divided equally or based on the court's determination that one spouse would not be treated fairly under a 50-50 split.
Retirement Plans: The amount accrued during the marriage is divided equally.
- Example 1: A spouse got benefits in a retirement plan after working for 25 years and was married for 20 of those years. The ex-spouse would most likely be entitled to 50% of the income acquired during the 20 year marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it.
Vehicles: Divided based on the values as determined by the court. May be sold or given to a spouse outright.
- Example 1: The title to a car is in one spouse's name. The car will most likely be sold with proceeds divided 50-50 among the spouses or given to a poorer spouse based on the court's discretion.
- Example 2: A truck has a shared title. The truck may be sold with the proceeds in a 50-50 split or given to a poorer spouse if a 50-50 split would be unfair.
Insurance: The portion paid for or acquired during the marriage is divided equally between the spouses.
- Example 1: One spouse has covered the other under employer health insurance. The other spouse is in poor health and could not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time period and/or award a cash payment to the ex-spouse to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. The spouse will be entitled to the portion of the benefits that accrued during the marriage.

Settling Disputes in a Divorce Case with Property and Asset Division

If a spouse is being uncooperative or you are seeking a change to the property division order, you may go back to court to seek enforcement or modification. After filing the paperwork, the court will decide how to proceed.

Generally, the trial court has great latitude in making decisions on property division. Therefore, higher courts will not change the order unless there was an abuse of discretion in the trial court.

Help From an Idaho Property Divorce Lawyer

Retaining an Idaho property divorce lawyer is key to getting the fairest and most equitable result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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