Idaho law permits a court to grant alimony, also known as maintenance in Idaho if it discovers that the spouse seeking it is not self-supporting. The court may award support to the husband or the wife after the termination of the marriage. The court examines the circumstances of both parties in deciding whether to grant support, its amount, and its duration.
A party seeking modification must petition the court and show that their circumstances have changed. Idaho allows the court to consider fault in determining alimony. An Idaho court determines the length of any support payments upon granting the decree of divorce. The support duration varies depending on the marriage’s length and the parties’ needs, among other factors.
In Idaho, alimony influences the distribution of property and, therefore, ultimately gets involved in a divorce settlement. When spouses cannot agree on this issue, the District Court orders support on a case-by-case basis.
What are the Types of Alimony in Idaho?
The Idaho courts may order temporary, short- and long-term alimony. Temporary alimony may be granted when one spouse needs support between filing for divorce and final dissolution. Short-term alimony may be permitted when one spouse needs to obtain an education or skills to become employable. Long-term or permanent, alimony may be accessible to a spouse with significant needs and is usually reserved for lengthy marriages.
In Idaho, the court has the discretion to order alimony for “such amounts and for such periods of time that the court deems appropriate,” meaning the court determines the circumstances of both spouses in deciding whether to award support, what amount, and for what duration.
For example, per the Idaho Code – Title 32 – Chapters: 705, in granting alimony, the court considers:
- The financial resources of the party that desires support;
- The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to obtain employment;
- The length of the marriage;
- The age and the physical and emotional condition of the party seeking maintenance;
- The ability of the party from whom maintenance is sought to meet their needs while meeting those of the spouse seeking maintenance;
- The tax repercussions and;
- The marital fault of each party.
The courts in Idaho can order temporary support, fixed duration, or permanent support. Before the court can decide what support is applicable, a judge must find that the requesting spouse requires necessary support and that the other can pay.
The divorce process is long, and some spouses need assistance meeting financial obligations while the divorce is pending, like paying a second rent or mortgage expense or paying bills that the other spouse paid during the marriage.
Temporary support, known as “pendente lite,” is available for spouses who cannot support themselves during the divorce. Pendente lite support commences when the judge finalizes the divorce or creates a new support order. Temporary support may also be available after the divorce, but it is for a limited time. The primary goal of temporary maintenance is for the higher-earning spouse to provide financial assistance to the lower-earning spouse to adjust to a new standard of living after the divorce. The judge generally will provide an end date for temporary support.
Idaho’s most common type of alimony is a fixed-duration or rehabilitative award. In many cases, the lower-earning spouse can become self-supporting but needs time and financial assistance to seek proper employment. The court will order rehabilitative support while the supported spouse attends school or training. This ensures that the supported spouse will have financial security, leading to financial independence.
Judges may require the supported spouse to submit a rehabilitation plan before deciding the duration of support. For instance, with temporary support, the judge will typically set an end date for maintenance or a date on which the spouses will return to court for a review.
Permanent support is rare but is still available to spouses who cannot be employed due to advanced age or physical or mental disability. Permanent support usually terminates when the supported spouse remarries, dies, or qualifies for a modification.
How Can You Qualify For Maintenance?
Spousal maintenance is gender-neutral, meaning that gender plays no role in the decision to grant alimony. However, the court will only award support if the requesting spouse lacks sufficient property to meet the necessary financial needs and cannot become financially independent through employment.
The court will evaluate the following factors to determine the type, duration, and amount of support:
- Supported spouse’s financial resources (including the marital property award after the divorce) and the spouse’s ability to meet financial needs independently;
- The time necessary for the supported spouse to acquire sufficient education and training needed to enable the spouse to gain employment;
- The duration of the marriage;
- The supported spouse’s age and physical and emotional health;
- The paying spouse’s ability to meet financial needs while also paying support;
- The tax consequences to either spouse and;
- Either spouse’s marital misconduct.
Although Idaho offers no-fault divorce, the law states that judges can consider marital fault when determining maintenance awards. Furthermore, the court is more likely to emphasize adultery or other misconduct if the behavior affects the marital estate. For instance, if a wife cheated on a spouse during the marriage and spent marital money to take vacations or otherwise used the funds on a girlfriend or boyfriend, the court may require reimbursement to the wronged spouse.
There is no set calculation that Idaho courts use when determining the amount of maintenance in Idaho. In general, the judges have broad discretion when forming a maintenance award. Couples who wish to remain in control of the support award can negotiate the terms and request the judge to approve the agreement.
How Can You Pay For Spousal Maintenance?
Usually, the court will order a periodic (bi-weekly, monthly, or semi-annual) maintenance payment. The Idaho courts will usually attach an income withholding order to the support order, which directs the paying spouse’s employer to withhold the funds from a paycheck.
Unless the spouses agree otherwise, Idaho law requires all payments to pass through the Department of Health and Welfare. After completion of the payment, the Department of Health and Welfare will notify the supported spouse and send the payment. (Idaho Code § 32-710A)
In some situations, the court will require the paying spouse to make a lump-sum alimony payment. Lump-sum payments are usually rare, but the judge may order immediate payment of full support if the paying spouse does not have consistent income but has many assets. Maintenance orders are court orders, and failure to comply with them can result in the court finding you in contempt of court. It is essential to pay as directed because you do not want to risk fines, bank or tax levies, or jail.
When Can I Modify or Terminate a Maintenance Order?
Idaho law permits either spouse to request a modification of spousal support if the requesting spouse can show a substantial and material change of circumstances since the last order. If the spouses agreed in writing that the award would be non-modifiable, the court could reject the request for review. (Idaho Code § 32-709 (1).
When Do I Need to Contact a Lawyer?
If you are trying to seek alimony in Idaho and are having trouble understanding the nuisances. Reaching out to your local Idaho alimony attorney to get assistance with your matter may be useful.
