Our Boise Family Lawyers Have Extensive Experience With Spousal Support Cases
Based in Meridian, Foley Freeman offers Treasure Valley clients large firm talent at a small firm size. We devote a substantial portion of our practice to assisting people facing divorce and other family law issues, understanding the highly personal and emotionally-charged nature of these matters. In some situations, spousal maintenance, often still referred to as alimony, is awarded to one spouse during or after divorce. Our experienced lawyers help clients achieve fair and workable support arrangements. If you have any questions about spousal support, we are here to help. Contact our Boise alimony lawyer today for a fully confidential, no obligation initial consultation.
Trusted Legal Representation for Spousal Support in Boise, ID
When you need help with spousal support, our Boise spousal support lawyers provide the legal representation you can trust. We understand that divorce affects your financial needs and well being. Our family law attorneys work with clients throughout Ada County, Canyon County, and surrounding areas to secure fair outcomes in spousal support cases. Whether you are the paying spouse or the receiving spouse, we offer legal counsel tailored to your situation.
The divorce process can raise many questions about financial assistance and long-term stability. Our law firm has the legal knowledge to guide you through spousal support issues and help you understand your legal options. We take time to listen to your concerns and explain how Idaho spousal support laws apply to your divorce case. Our team provides legal services that focus on protecting your best interests while working toward solutions that make sense for both parties involved.
Initial consultations give you a chance to discuss your situation without obligation. We believe in open communication and keeping clients informed throughout the legal process. Call our office to schedule a meeting with our Boise spousal support lawyers and learn how we can help you through this challenging time.
Understanding Different Types of Spousal Support in Idaho
Idaho alimony comes in several forms, and understanding the differences helps you know what to expect. Temporary alimony provides financial assistance during divorce proceedings. This type of support helps the requesting spouse maintain stability while the divorce is being finalized. Temporary support typically ends once the divorce is complete and the court issues a final order.
Rehabilitative alimony helps a lower earning spouse become self supporting. This form of support gives the receiving spouse time and resources to obtain sufficient education or training for employment. Idaho courts often award support for a specific period, allowing the receiving spouse to gain skills needed for financial independence. Rehabilitative support recognizes that one spouse may have sacrificed career opportunities during the marriage.
Permanent support may be awarded in long-term marriages where one spouse cannot become self supporting due to age, health, or other factors. The court considers many factors before awarding permanent support, including the length of the marriage and each spouse’s earning capacity. Our family law attorneys help clients understand which type of spousal support applies to their situation and what they can expect from the court.
Determining Spousal Maintenance in Idaho
Spousal maintenance is a legal term for money one spouse or former spouse may be required to pay the other spouse during and/or after divorce. While maintenance can be set for life, it is usually awarded for a specific period of time. When determining the amount and duration of a spousal maintenance award, Idaho courts look at the following factors:
- The financial resources of the party seeking support
- The time necessary to acquire sufficient education and training to enable the party seeking support to find employment
- The length of the marriage
- The age and the physical and emotional condition of the party seeking spousal maintenance
- The ability of the party from whom maintenance is being sought to meet his or her own needs while meeting those of the party seeking maintenance
- The tax repercussions on the parties
- The marital fault of either party
If a divorce involves children, child support will be determined before a court considers spousal maintenance. When a spouse is ordered to pay child support, that amount becomes a factor when the court decides whether or not a maintenance award is appropriate. The process for determining spousal maintenance is much more subjective than the process for determining child support because there is no specific mathematical formula that courts use to calculate spousal maintenance payments.
It is difficult to predict a certain result in any case, and the issue can become hotly contested. An experienced family law attorney from Foley Freeman can explain and protect your rights concerning spousal maintenance, whether you are seeking or contesting an award.
How the Court Decides Spousal Support Awards
When the court decides spousal support, judges review evidence about both spouses’ financial resources and needs. Idaho courts examine the paying spouse’s ability to provide financial assistance while still meeting their own expenses. The court also considers how long the receiving spouse needs support to become financially stable. Each divorce case involves unique circumstances, and judges use discretion when making these decisions.
The requesting spouse must demonstrate financial needs and show why spousal support is appropriate. Evidence might include income statements, employment history, health conditions, and education levels. The paying spouse can present evidence about their own financial resources and obligations, including child support responsibilities. Our Boise spousal support lawyers help clients gather and present evidence that supports their position.
Idaho law gives judges flexibility when they award support, but decisions must be based on specific statutory factors. The length of the marriage plays a major role in determining whether permanent support is appropriate. Shorter marriages typically result in temporary or rehabilitative alimony, while longer marriages may justify extended support. Our legal counsel helps you understand what factors matter most in your case.
Modifying and Enforcing Spousal Support Agreements
An alimony agreement established during divorce may need modification as circumstances change. Idaho spousal support orders can be modified if there’s a substantial change in either spouse’s situation. This might include job loss, serious illness, retirement, or remarriage. Both the paying spouse and receiving spouse have the right to request modifications when significant needs arise or financial situations change substantially.
Our family law attorneys assist clients who need to modify existing spousal support payments. The legal process requires filing a petition and presenting evidence of changed circumstances. Idaho courts review the evidence carefully before deciding whether to adjust support amounts or duration. Working with experienced legal counsel improves your chances of achieving a fair outcome in modification cases.
Enforcement becomes necessary when a paying spouse fails to make required alimony payments. The receiving spouse can take legal action to collect unpaid support. Options include wage garnishment, contempt proceedings, and other remedies. Our Boise spousal support lawyers help clients enforce their rights and collect the support they’re entitled to receive. We understand how important these payments are to your financial stability and well being.
Navigating Tax Implications and Financial Planning
The Tax Cuts and Jobs Act changed how spousal support payments are treated for tax purposes. For divorce cases finalized after 2018, alimony payments are no longer tax deductible for the paying spouse or taxable income for the receiving spouse. This change affects how parties involved approach spousal support negotiations and planning. Understanding these tax rules helps both spouses make informed decisions.
Our legal team helps clients understand how tax law changes impact their spousal support arrangements. For older alimony agreements finalized before 2019, the previous tax treatment may still apply. These cases require careful review to ensure both spouses understand their obligations and rights. Financial planning should account for the tax treatment of spousal support when budgeting for the future.
Family law matters involving spousal support often intersect with other financial issues like property division and child support. Our attorneys take a comprehensive approach, helping clients see how all financial aspects of divorce work together. We support clients in Canyon County, Ada County, and throughout the region with the legal knowledge needed to make sound decisions about spousal support issues.
HOW OUR BOISE SPOUSAL SUPPORT LAWYER CAN HELP
Spousal support cases can be complicated. Whether you are the one who will be paying or receiving alimony, it is normal to have a lot of questions about your rights and your responsibilities. At Foley Freeman, PLLC, we are proud to be leaders in family law in Idaho. You can learn more about the firm and contact us directly with any specific questions about spousal support. We are proactive and results-focused. Among other things, our Boise alimony lawyer is ready to:
- Listen to your story and answer the questions you have about alimony;
- Help you gather and organize all supporting financial documentation;
- Handle any settlement negotiations with your former spouse; and
- Take whatever legal action is necessary to protect your rights and your interests.
Whether you need help establishing spousal support, modifying an existing order, or enforcing payment, we provide the legal services you need. Our family law practice focuses on achieving fair outcomes that serve the best interests of our clients. Contact us today to discuss your spousal support case with experienced legal counsel.
SPOUSAL SUPPORT IN BOISE: FREQUENTLY ASKED QUESTIONS (FAQs)
Is spousal support the same thing as alimony?
Yes. In Idaho, you may hear spousal support referred to as alimony or as spousal maintenance. These terms are sometimes used interchangeably, but they ultimately describe the same concept.
What types of spousal support are recognized under Idaho law in Boise?
There are multiple types of alimony that can be awarded in Ada County. Under Idaho Code § 32-705, courts may award temporary, rehabilitative, or permanent alimony. Temporary support covers expenses during the case, rehabilitative alimony helps a spouse gain skills or education, and permanent support applies in long-term marriages. Our Boise divorce lawyers have the skills and experience to help clients with all types of alimony cases.
Is spousal support awarded in every Boise divorce case?
No. Quite the contrary, spousal support is only awarded in a minority of divorces in Idaho. Our state has spousal support laws that are somewhat more restrictive than most other jurisdictions. Spousal support will only be granted when specific criteria are met.
How does a judge decide spousal support in Boise?
Courts look at several factors, including income, earning capacity, marriage length, and standard of living. Idaho law gives judges discretion to award support that helps the lower-earning spouse become self-sufficient. Ada County judges review each case with careful consideration of the specific facts. There is no one set formula for determining alimony in Boise.
How long does spousal support last in Boise?
It depends. The duration of spousal support in Idaho will vary based on the facts of the case. Temporary support may last only through the divorce, while rehabilitative or permanent support can extend for years. Ada County courts often set time limits to encourage financial independence.
Is spousal support taxable in Boise under current law?
No. Since the Tax Cuts and Jobs Act of 2017, alimony payments finalized after 2018 are not deductible for the payer or taxable to the recipient. However, if you have an alimony agreement that was finalized prior to 2018, the old tax law may still apply to your case.
Talk to a Reputable Treasure Valley Family Lawyer about Maintenance Issues
Spousal maintenance is ultimately about making sure each spouse has the resources they need to maintain a reasonable standard of living after divorce. If you feel that your support arrangement is less than fair, don’t hesitate to get in touch with Foley Freeman to schedule a consultation. We strive to find constructive solutions to divorce and family law issues. We handle spousal support cases in Boise, Ada County, and throughout the surrounding region in Idaho.