Idaho courts may award spousal support or alimony (also called maintenance) upon dissolution of marriage. The court will look at all of the circumstances of both parties in determining whether to grant support, what amount and for what duration.
Types of Spousal Support
- Temporary – a court may award in cases where during the period between filing for divorce and final dissolution, one party requires temporary support to survive.
- Short-Term – support may be granted for a short period of time, especially if one spouse needs to obtain an education or skills to become employable.
- Long-Term or Permanent – a court may grant in the case of a lengthy marriage if circumstances of the parties make it necessary.
Who is Eligible for Alimony in Idaho
Idaho law allows a court to award alimony if it finds that the spouse seeking it lacks sufficient assets to be self-supporting. The court may award it in favor of either the husband or the wife.
Idaho Alimony Guidelines (Factors for Awarding Alimony)
An award will be in an amount and for a period of time that the court deems fair, considering all relevant factors, including:
- Financial resources of the spouse seeking support, including marital property awarded to the spouse and ability to meet needs independently;
- Time needed to obtain education and training to enable the spouse to find employment;
- Duration of the marriage;
- Age and condition of the parties;
- Tax consequences; and
- Fault of either spouse.
Reasons for Termination or Modification of Alimony in Idaho
The party seeking modification must petition the court and show that change of circumstances requires the court to terminate or modify the support agreement.
Marital Fault in Idaho
In Idaho, the parties may claim that the other spouse was at fault. Idaho also allows the court to consider fault in determining alimony or support payments.
How Long Does Spousal Support Last in Idaho?
An Idaho court will set out the length of any support payments upon granting of the decree of divorce. The length of support payments will depend on the length of the marriage and the needs of the parties.
Idaho Alimony Taxes
Under federal tax law, alimony may be claimed as a deduction by the paying party, and it must be claimed as income by the receiving party if support is court ordered. There are different ways to set up a settlement for tax purposes, so consult a tax specialist or discuss your situation with an attorney to find out what the best tax strategy is in your case.
Find an Alimony Attorney in Idaho
Discuss your case with a divorce attorney who can help you understand your options. An attorney will advocate on your behalf in court and throughout the divorce process. Divorce may impact your future income, so it is in your best interest to seek the assistance of a professional who knows the intricacies of the legal system.