Child and Custody Support
Please see our Custody and Support page.
Property & Debt Division
Idaho is a community property state. Meaning any property acquired during the marriage is presumed to belong equally to both parties. So, generally speaking, if ou and your spouse purchase a $150,000 house together during the marriage, the house presumably belongs equally to both of you, even if only one person’s name is on the title. Property acquired prior to the marriage or given to you as a gift or inheritance is generally separate property – it belongs only to you. If you co-mingle your separate property with community property, you will have to trace for the court your separate property interest, which can prove to be very difficult. Many individuals use a prenuptial or postnuptial agreement to deal with the acquisition of property during the marriage. However, even if none of these documents exist, we can still help our clients reach an equitable (fair) division of community assets and debts. The division of property and debt can easily become a complex and tiresome exercise. hiring an experienced family law attorney to help you with the division of property and debt can pay large dividends in obtaining the peace of mind that you obtained the best foreseeable results dividing your property and debt.
Spousal Maintenance (Alimony)
Spousal maintenance is available in Idaho for some cases of marriage where a spouse lacks sufficient property and is unable to support himself/herself through employment. Idaho Code § 32-705. There is no hard and fast mathematical formula to calculate Spousal Maintenance/Alimony like there is for child support. Spousal Maintenance (Alimony) may also be modified depending on the language of the decree. The Court, again, will be looking for a substantial and material change in circumstances to modify an award of support. If you believe you may be entitled to receive or are obligated to pay spousal maintenance, or you would like to modify it, we can encourage you to contact our office to evaluate your spousal maintenance questions.