Going through a divorce in Idaho often raises one big question: will one spouse have to pay the other spousal support? Idaho law calls this “maintenance,” though most people know it as alimony or spousal support. Unlike child support, Idaho does not use a set formula to figure out how much someone pays. Instead, judges look at a mix of factors and use their own judgment to decide what is fair.
If you are facing a divorce and think spousal support might be part of your case, it helps to know how the process works before you walk into court.
Types of Spousal Support Available in Idaho
Idaho courts can award a few different kinds of spousal support, depending on the situation. Each type serves a different purpose.
Temporary Support
Temporary support, sometimes called pendente lite support, covers a spouse during the divorce process itself. Divorces can take months to finish, and one spouse may need help paying rent, a mortgage, or other bills while the case is still open. This type of support ends once the judge finalizes the divorce or issues a new order.
Rehabilitative Support
Rehabilitative support is the most common type awarded in Idaho. It gives a lower-earning spouse time and money to get back on their feet. This often means going to school, finishing a training program, or building up work experience. Judges may ask the spouse asking for support to submit a plan showing what steps they plan to take toward becoming self-supporting. The court usually sets an end date tied to that plan.
Permanent Support
Permanent support is rare. Courts reserve it for spouses who cannot work because of advanced age, a disability, or another lasting condition. This type of support usually ends if the spouse remarries, either spouse dies, or the court approves a change to the order.
Reimbursement Support
Reimbursement support pays back a spouse who gave something up during the marriage to help the other spouse succeed. A common example is a spouse who worked and covered household bills while their partner finished school or built a career. This type of support recognizes that one spouse’s future earning power grew because of the other spouse’s sacrifice.
The Two-Part Test for Spousal Support Eligibility
Before a judge can award any spousal support in Idaho, the spouse asking for it must pass a two-part test under Idaho Code § 32-705. Both parts must be met. Meeting only one is not enough.
Part One: Lack of Sufficient Property
The first part looks at whether the spouse asking for support has enough property and assets to cover their reasonable needs. This includes what they will walk away with after the divorce, such as bank accounts, retirement funds, real estate, and other property. The court is not asking whether the spouse can live in luxury. It is asking whether they can meet a reasonable standard of living based on how the couple lived during the marriage.
Part Two: Inability to Be Self-Supporting
The second part looks at whether the spouse can support themselves through a job. The court considers the time it would take that spouse to get the training or education needed to find steady work. This part often comes up when one spouse stayed home to raise children or support the other spouse’s career instead of building their own.
Factors Idaho Courts Consider When Deciding Spousal Support
Once a spouse meets the two-part test, the judge has a lot of freedom in deciding how much support to award and for how long. Idaho Code § 32-705 lists several factors judges must weigh, including:
- The financial resources of the spouse asking for support, including any property awarded in the divorce
- The time needed for that spouse to get enough education or training to find work
- How long the marriage lasted
- The age, physical health, and emotional health of the spouse asking for support
- The paying spouse’s ability to meet their own needs while paying support
- Tax consequences to either spouse
- Marital misconduct by either spouse
Idaho is a no-fault divorce state, but the law still allows judges to weigh marital misconduct when it affected the couple’s finances. For example, if one spouse spent a large amount of marital money on an affair, the judge may factor that in when deciding the support award.
Because there is no set formula, two couples with similar incomes and marriage lengths can end up with very different support orders. This is one reason it helps to have someone familiar with Idaho family law review your situation before your court date.
How Spousal Support Payments Work
Idaho courts usually order support to be paid on a schedule, such as every two weeks, monthly, or twice a year. Most orders come with an income withholding order, which tells the paying spouse’s employer to send the payment straight from their paycheck.
Unless both spouses agree otherwise, Idaho law requires support payments to go through the Department of Health and Welfare under Idaho Code § 32-710A. The department collects the payment and sends it to the spouse receiving support.
In some cases, a judge may order a lump-sum payment instead of ongoing payments. This usually happens when the paying spouse is self-employed, does not have steady income, or has enough assets to pay the full amount at once.
Failing to pay support as ordered is a serious problem. A spouse who falls behind can face contempt of court charges, wage garnishment, asset seizure, tax refund interception, or even jail time.
Modifying or Ending a Spousal Support Order
Life changes, and Idaho law allows either spouse to ask the court to modify a spousal support order under Idaho Code § 32-709. To succeed, the spouse asking for the change must show a substantial and material change in circumstances since the last order. Common reasons include:
- Job loss or a major drop in income
- A serious illness or injury
- The recipient spouse remarrying
- The recipient spouse’s financial situation improving significantly
If both spouses agreed in writing that the support order cannot be modified, the court will not consider a request to change it.
Support usually ends automatically when the recipient spouse remarries or when either spouse dies, unless the order says otherwise.
Tax Consequences of Spousal Support in Idaho
Tax rules for spousal support changed in recent years. For divorces finalized on or after January 1, 2019, the paying spouse cannot deduct support payments on their federal taxes, and the receiving spouse does not report the payments as income.
For divorces finalized on or before December 31, 2018, the older rules still apply. The paying spouse can deduct payments, and the receiving spouse must report them as taxable income.
Tax laws can shift, so it helps to talk with someone who understands how these rules apply to your specific divorce date.
Frequently Asked Questions
Can I get spousal support if my marriage was short?
Yes. Idaho law does not set a minimum marriage length for spousal support. If you meet the two-part eligibility test, a judge can still award support even after a short marriage. Support in these cases tends to be shorter in length and focused on helping the receiving spouse get back on their feet quickly.
Does my ex moving in with a new partner affect my spousal support?
Not automatically. Idaho law does not end spousal support just because the receiving spouse starts living with someone new. However, the paying spouse can ask the court to modify the order if the new living situation changes the receiving spouse’s financial needs in a significant way.
Will a prenuptial agreement stop me from getting spousal support?
It depends on the agreement. A valid prenuptial agreement can limit or waive spousal support. Idaho courts still review these agreements for fairness, though. A judge may refuse to enforce a provision if it would leave one spouse without enough money to meet basic needs or dependent on public assistance.
Does cheating affect how much spousal support I get?
Idaho allows no-fault divorce, so an affair alone usually does not change a spousal support award. If the misconduct affected the couple’s finances, such as spending marital money on someone outside the marriage, the judge can take that into account.
What happens if my ex stops paying spousal support?
You can ask the court to hold your ex in contempt. Judges can order wage garnishment, seize assets, or in serious cases, order jail time for a spouse who refuses to pay. The Department of Health and Welfare can also help track and collect missed payments in many cases.
Talk to an Idaho Family Law Attorney About Your Spousal Support Case
Spousal support decisions in Idaho depend on the details of your marriage, your finances, and your future needs. Since judges have so much discretion, it helps to have someone on your side who understands how local courts tend to rule on these cases. The team at Foley Freeman, PLLC, works with clients across Idaho on spousal support and other divorce matters. Call 208-888-9111 to talk about your situation and find out what steps make sense for your case.