When you’re going through a divorce in Idaho, one of the biggest questions on your mind is probably about spousal support. How long will it last? Will you pay it forever? Can it be changed later? These are normal concerns, and understanding Idaho’s spousal support laws can help you plan for your financial future.
Spousal support, which people also call alimony or spousal maintenance, is money that one spouse pays to the other during or after a divorce. The goal is to help both people maintain a lifestyle similar to what they had during the marriage. If one person earns a lot more than the other, the court might order support payments to create balance.
The length of time you’ll pay or receive spousal support depends on several factors. Idaho courts look at your specific situation before deciding how long support should last.
What Is Spousal Support?
Spousal support is financial help from one spouse to the other. It exists because divorce shouldn’t leave one person unable to pay their bills while the other lives comfortably.
The idea of alimony has been around for a long time. It started when most wives stayed home to raise children and handle household duties while husbands worked and earned income. Today, both spouses often work outside the home, but support is still available when one person can’t become self-supporting without help.
Idaho law says that divorce ends your marriage, but it doesn’t always end the duty to support your spouse financially. The court can order one spouse to help the other if there’s a big difference in earnings or if one person needs time to get back on their feet.
Three Types of Spousal Support in Idaho
Idaho courts can order three different types of support. Each type lasts for a different amount of time based on what the receiving spouse needs.
Temporary Support During Divorce
This type of support helps you while the divorce is still happening. People sometimes call it pendente lite support. The divorce process can take months, and some people need help paying rent, mortgages, or other bills during that time.
Temporary support ends when the judge finalizes your divorce or creates a new support order. It’s meant to cover immediate financial needs until everything is settled. After the divorce is final, the judge might order a different type of support or no support at all.
Rehabilitative Support
This is the most common type of alimony in Idaho. Rehabilitative support lasts for a set period of time. The judge picks an end date based on how long it will take for the receiving spouse to become financially independent.
Many people can support themselves eventually but need time and money to get there. Maybe you need to finish school, get job training, or find employment that pays enough to cover your expenses. The court gives you support while you work toward these goals.
Judges often ask the receiving spouse to submit a plan showing what education or training they’ll complete and when. This helps the court decide how long support should last. The judge might set a deadline for finishing school or a date when both spouses come back to court to review the situation.
Most rehabilitative support awards in Idaho last between one and five years, but this can vary based on your circumstances. If you were married for 20 years and haven’t worked during that time, you might need more time to become self-supporting than someone who was only married for three years.
Permanent Support
Permanent support is rare in Idaho, but it’s available in special situations. The court might order permanent support if you can’t work because of your age or because you have a physical or mental disability.
Even though it’s called permanent, this support can end under certain conditions. It stops if the receiving spouse remarries or dies. The court can also end or change permanent support if circumstances change enough to make the original order unfair.
Who Can Get Spousal Support in Idaho?
Not everyone qualifies for spousal support. The court has to find that you meet certain requirements before ordering any payments.
First, spousal support is gender-neutral. It doesn’t matter if you’re the husband or wife. Either spouse can ask for support, and either spouse might have to pay it.
To get support, you need to show two main things. According to Idaho Code Section 32-705, you must lack enough property to meet your financial needs and be unable to become financially independent through work. If you can’t prove both of these things, the court won’t order support.
The other spouse also has to be able to pay. The court won’t order support if making payments would leave the paying spouse unable to meet their own basic needs.
Common situations where people get spousal support include:
- Long marriages where one spouse has much lower earning power
- Cases where a spouse needs time and money for education or job training
- Situations where a spouse can’t work because of age or disability
- Marriages where one person gave up career opportunities to raise children or support the other spouse’s career
Factors Idaho Courts Consider
Idaho judges have broad discretion when deciding spousal support cases. There’s no calculator or set formula they have to follow. Instead, they look at many different factors to decide if support is appropriate and how long it should last.
The court considers the financial resources of both spouses. This includes income, property, and assets. They want to understand what each person owns and earns.
The duration of your marriage matters a lot. Longer marriages are more likely to result in spousal support awards. If you were married for 25 years, you’re more likely to get support than if you were married for two years.
Your age and health also play a role. If you’re 55 years old and have health problems, the court knows you’ll have a harder time finding good employment than a healthy 30-year-old would.
The court looks at how much time you need to get education or training. If you can finish a nursing program in two years, the judge might order support for that long. If you need four years to finish a college degree, support might last longer.
The standard of living during your marriage is important too. The court tries to help both spouses maintain something close to the lifestyle you had together. If you lived in a nice house and took vacations every year, the court wants both of you to live reasonably well after divorce.
The paying spouse’s ability to meet their own needs while paying support is a factor. The court won’t order payments that leave the paying spouse unable to afford their own basic expenses.
Tax consequences matter for both parties. The court wants to understand how support payments will affect each person’s overall financial situation.
Idaho is a no-fault divorce state, but judges can still consider marital misconduct when deciding on support. If one spouse cheated and spent marital money on their affair, the court might factor that into their decision. This is especially true if the behavior hurt the couple’s finances.
How to Request Spousal Support
If you want spousal support, you have to ask for it in your initial divorce paperwork. This is really important because the court probably won’t consider it if you don’t request it from the start.
If you’re the person who files for divorce first, you’re called the petitioner. You need to include your request for spousal support in your divorce petition.
If your spouse files first and you’re responding to their petition, you’re called the respondent. You must include your request for support in your response and counterclaim.
Don’t wait and try to add it later. Courts are unlikely to award spousal support if you didn’t ask for it in the beginning of your case.
How Spousal Support Gets Paid
Most of the time, the court orders periodic payments. This means the paying spouse sends money on a regular schedule like bi-weekly, monthly, or semi-annually.
Idaho courts usually attach an income withholding order to the support order. This tells the paying spouse’s employer to take the money out of their paycheck automatically. It’s similar to how taxes get withheld from your pay.
Unless you and your spouse agree otherwise, Idaho law requires all payments to go through the Department of Health and Welfare. This is stated in Idaho Code Section 32-710A. The department receives the payment, notifies the receiving spouse, and then sends the money.
In rare cases, the court might order a lump-sum payment instead of monthly payments. This happens when the paying spouse doesn’t have steady income but has a lot of assets. For example, if someone owns property or has significant savings but is self-employed with irregular income, the judge might order them to pay the full support amount all at once.
Changing or Ending Spousal Support
Life doesn’t stay the same after divorce. You might get a better job, lose your job, develop health problems, or experience other major changes. Idaho law lets either spouse ask the court to modify spousal support when circumstances change significantly.
To get a modification, you need to show a substantial and material change in circumstances since the last order. This means something big has changed, not just minor differences in your situation.
Examples of changes that might warrant modification include:
- The receiving spouse gets remarried (support typically ends automatically)
- The receiving spouse finds substantial employment
- The paying spouse experiences serious financial hardship
- Someone has major health problems that affect their ability to work or their medical expenses
- There’s a significant increase or decrease in either person’s income
- Living arrangements change in important ways
There’s one important exception. If you and your spouse agreed in writing that support would be non-modifiable, the court will reject any request to change it. This is stated in Idaho Code Section 32-709. Some people negotiate agreements where support can’t be changed no matter what happens, so it’s important to understand what you’re agreeing to.
What Happens If Someone Doesn’t Pay
Spousal support orders are court orders. That means they have legal force, and you have to follow them. If you’re supposed to pay support and you don’t, you can face serious consequences.
The court can find you in contempt of court for not paying. This can result in fines, wage garnishment, bank account levies, tax refund seizures, or even jail time. It’s really important to pay as directed.
If you’re having trouble making payments, don’t just stop paying. Go back to court and ask for a modification. The judge might reduce your payments if your circumstances have changed, but you have to ask. Just stopping payments on your own will get you in legal trouble.
Tax Implications of Spousal Support
Tax rules for spousal support changed a few years ago, and it makes a big difference depending on when your divorce was finalized.
For divorces finalized on or after January 1, 2019, alimony payments are not tax-deductible for the paying spouse. The receiving spouse also doesn’t have to report the payments as income. This means the paying spouse can’t write off the payments on their taxes, and the receiving spouse doesn’t pay taxes on the money.
For divorces finalized on or before December 31, 2018, the old rules still apply. The paying spouse can deduct alimony payments from their taxable income, and the receiving spouse must report the payments as income and pay taxes on them.
This change can have a big financial impact on both people. If you’re not sure how these tax rules affect your situation, talk to someone who understands both tax law and divorce law.
Can You Negotiate Spousal Support?
You don’t have to let the judge decide everything about spousal support. You and your spouse can negotiate the terms yourselves and ask the judge to approve your agreement.
Many couples prefer this because it gives them more control. You can agree on the amount, duration, and payment schedule that works for both of you. As long as the agreement is fair and both people enter into it voluntarily, the judge will usually approve it.
Negotiating your own agreement can also help you avoid a long court battle. Trials are expensive, stressful, and time-consuming. If you can reach an agreement through negotiation or mediation, you’ll save time and money.
Get Help Understanding Your Spousal Support Options
Spousal support in Idaho doesn’t follow a simple formula. How long it lasts depends on your specific situation, including the type of support awarded, the length of your marriage, and your individual circumstances. Most support awards in Idaho are rehabilitative and last between one and five years, but every case is different.
Understanding your rights and options can make a big difference in your financial future. Whether you’re seeking support or concerned about having to pay it, you need someone who knows Idaho law and can fight for a fair outcome.
Foley Freeman, PLLC, helps people in Idaho with all aspects of divorce, including spousal support. We’ll review your situation, explain your options, and work to get you a result that protects your financial interests. Call us at 208-888-9111 to schedule a consultation and get the answers you need about spousal support in your divorce.