Idaho Family Law

Idaho laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Idaho Title 32 Chapter 6 - Divorce
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault, but still codified for determining Alimony [32-705(2)(g)]
3. Equitable distribution or community property Community Property
a. Methods of apportionment Community property assigned by the court with consideration for reasons identified in [32-715(1)(b)]
i. Periera and Van Camp in CA Refers to in case law, but does not rely on methods. Speer v. Quinlan, 525 P. 2d 314 - Idaho: Supreme Court 1973.
b. Property distribution factors Discretion of court considering 7 factors set forth in statute [32-715(1)(b)]
4. Legal separation? Yes, at the court's discretion [32-704(2)]
a. Waiting period/Separation period 5 years [32-610]
5. Is mediation required No, but can be used for various domestic relations court actions [32-1402]
6. Forms used Idaho Family Law Forms
7. Alimony guidelines and factors General Guidelines [32-705]
Alimony formula Guidelines for determination [32-705]
a. Types Temporary or Permanent per Title 32, Chapter 7, Section 32-705
b. Term Limits At the discretion of the Court per Title 32, Chapter 7, Section 32-705
Cohabitation Remarriage does not by itself alter obligor's requirement to pay obligee.  (ID ST § 32-709) Foster v. Schorr, 82 P. 3d 845 - Idaho: Supreme Court 2003.
c. Imputing income 32-705(2)(e) identifies the "ability" of the spouse from whom maintenance is sought in determining the amount of support
d. Change in circumstances Can be modified due to substantial and material change, credit for arrearages allowed under [32-709]
e. Ceases on retirement At the discretion of the Court per Title 32, Chapter 7, Section 32-705
Impute income on early retirement  
Early retirement for health reasons is involuntary  
f. Definition of income

Broad definition for alimony defined as all sources [32-705(2))]

 

8. Child support factors and guidelines

Points of consideration when determining child support [32-706(1)]

 

9. Child support calculator Support documentation [Rule 6(c)(6) of Idaho Rules of Civil Procedure]
10. Lump Sum  Support allowed? Yes. Hunt v. Hunt, 43 P. 3d 777 - Idaho: Supreme Court 2002
11. Valuation  
a. Valuation date

Trial, with exceptions to this rule. The parties may stipulate to an earlier valuation date, Sword v. Sweet, 140 Idaho 242, 253, 92 P.3d 492, 503 (2004); the valuation date will be before the trial if the trial court enters a partial final judgment terminating the marriage in order to expedite the later resolution of the property distribution issues, Brinkmeyer v. Brinkmeyer, 135 Idaho 596, 599-600, 21 P.3d 918, 921-22 (2001); and the trial court may retain jurisdiction to value retirement benefits after the actual date of divorce, Hunt v. Hunt, 137 Idaho 18, 21, 43 P.3d 777, 780 (2002).

b. Goodwill divisibility All goodwill is divisible - Stewart v. Stewart, 2007 Ida. Lexis 17 (2007)
c. Standard of value Fair Market Value - Olsen v. Olsen, 125 Idaho 603, 606, 873 P.2d 857, 860 (Idaho 1994)
d. Discounts

Discounts for lack of control and lack of marketability are allowed. Reed v. Reed, 339 P. 3d 1109 - Idaho: Supreme Court 2014.

e. Shareholder/partner agreements The agreement must be scrutinized and actions (or lack thereof) of the entity reviewed to determine community property (e.g. not paying out retained earnings in an effort to lower income to a spouse; may still be community property subject to distribution). Swope v. Swope, 834 P. 2d 298 - Idaho: Supreme Court 1992
 12. Double dip  
 a. Stock options  
 b. Retirement accounts  Retirement accounts are included in gross income defined by ICSG 6(c)(6). Browning v. Browning, 39 P. 3d 631 - Idaho: Supreme Court 2001
 c. Child support Gross income defined by ICSG 6(c)(6) includes retirement accounts in calculation of support. Browning v. Browning, 39 P. 3d 631 - Idaho: Supreme Court 2001
 13. Key cases  
 14. Premarital agreements  "Enforced, with exceptions of: (1) not executed voluntarily or (2) unconscionable when executed with financial disclosure issues [32-925].  Parties to a premarital agreement may contract with respect to the modification or elimination of spousal support ID ST § 32-923
ID ST § 32-925"
 15. Common law  Idaho does not recognize common law marriages formed after January 1, 1996.  Wilkins v. Wilkins, 137 Idaho 315, 48 P.3d 644 (2002); I.C. §§ 32-201, -301.


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