Alimony Calculations in Idaho

What is Alimony?
Alimony is a court ordered payment of financial support to a spouse either during and or after a divorce, also known as “maintenance” or “spousal support.” Idaho allows either spouse to petition for alimony during the divorce process. The Supreme Court does not expect mathematical precision in calculating to the dollar how much maintenance is needed, nor must the record support a specific amount; there must simply be substantial and competent evidence which supplies a basis for the amount awarded.

Alimony Laws in Idaho
Idaho Code authorizes the award of alimony in the discretion of the district court and alimony may also be awarded when a divorce has been secured on the ground of permanent and incurable insanity. Idaho Code authorizes the modification of a divorce decree from time to time, but if the decree holds no provision for award of alimony, no modification of the decree can be made once the time for appeal has elapsed.

Under Idaho family laws, alimony can be awarded on a temporary basis or permanent.

Temporary
Designed to supply support to a spouse during the divorce process and no longer must pay once the divorce is completed.

Permanent
Awarded after the divorce is final and is intended for one to supply ongoing support to a spouse who is financially dependent on the other. Permanent support typically ends when the supported spouse dies, remarries, or otherwise qualifies for a modification of alimony.

What Are Factors the Court Considers for Alimony Amount?
The two main factors considered by the court are whether the spouse seeking support lacks property to provide for their needs based on the standard of living during the marriage, and if the seeking spouse can support themselves through employment.

The court then considers the alimony length and time on the following factors, which may include:

• Current income, employment, and other earnings of each party.
• Child support or maintenance received by either party from separate proceedings.
• Potential earning abilities of each party, including education, experience, and current job market.
• Financial contribution toward each spouse’s business career and or education.
• The tax consequences to each spouse.
• Each party’s state of health and current medical treatments.
• Standard of living during the marriage.
• The fault of either party, if filing an “at-fault” divorce.
  • May be caused by infidelity, adultery, abuse, etc., which can result in the at-fault party paying more “punitive” alimony.

How to Petition for Alimony in Idaho

• To receive alimony in Idaho, a spouse must file a request with the court.
• The petitioner will need to file a motion with the court requesting spousal support. This motion should include information such as the petitioner’s financial needs, the respondent’s financial ability to pay, and any other relevant information about the couple’s finances and lifestyle.
• Filing for divorce does not automatically entitle a person to receive alimony. The court considers the factors mentioned above when deciding alimony after a spouse files for divorce, and alimony may not be awarded in every case. It is recommended to hire a family law attorney to represent you and your needs regarding your alimony. Get in touch with one of our family law attorneys in Idaho to get assistance with alimony today.

Citations:
• I.C. § 32-706. Shepard v. Shepard, 94 Idaho 734, 497 P.2d 321 (1972).
• Idaho Code § 32-705; I.C. § 32-804; I.C. § 32-706 (West)
• Pelayo v. Pelayo, 303 ID P.3d 857, 866 (2013).
• McDonald v. McDonald, 56 ID P.2d 827, 834 (1936).
• Jordan v. Jordan, 87 ID 394 P.2d 164, 168 (1964).
• Perovitz v. Perovitz, 94 ID 453 P.2d 320, 322 (1971).

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