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))]
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| 8. Child support factors and guidelines | Points of consideration when determining child support [32-706(1)]
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| 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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