Foley Freeman provides sophisticated legal representation in all aspects of divorce, including property division. Dividing assets and debts acquired during a marriage can be a stressful and difficult task. We work to protect our clients’ property rights and interests during and after the divorce process.

Our firm has been a presence in Meridian for more than 30 years, and is proud to have grown with the city, now the second-largest city in the state. In that time, we have handled family law matters on behalf of clients throughout southern Idaho, including Boise, Meridian, Eagle, Nampa, and Caldwell.

Characterizing & Dividing Property in Idaho

Idaho is a community property state, which means property and debts acquired during a marriage are to be divided equally upon divorce. Before community property can be divided, however, it must be distinguished from separate property, or that which is owned solely by either spouse. A spouse’s separate property generally consists of property owned before the marriage, assets received through gift or inheritance, and personal injury recoveries.

Once all of the parties’ assets have been identified and characterized as separate or community property, a court must divide the community property, typically taking into consideration one or more of the following factors:

  • The duration of the marriage
  • Any prenuptial agreements between the parties
  • The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each party
  • The needs of each spouse
  • Whether spousal maintenance, or alimony, has been awarded
  • The present and potential earning capability of each party
  • The retirement benefits of each spouse, including but not limited to social security, civil service, military, and railroad retirement benefits

At Foley Freeman, we help our clients make claims to separate property when appropriate, and work to ensure community property is distributed fairly. In some cases, parties can work out a property division agreement for the court’s approval, or litigation may be necessary to resolve contested issues. In any scenario, we take the best course of action to achieve our clients’ goals.

Seek Reputable, Skilled Divorce Representation

Achieving a fair and favorable property distribution arrangement is integral to ensuring that you come out of divorce in the strongest financial position possible. For more information about protecting assets upon divorce, please contact Foley Freeman to schedule a consultation with an experienced family law attorney. We possess the skills and resources to handle even the most complex divorce cases.