In Idaho, when a couple legally separates or becomes divorced, the court may mandate that one person pay the other person a certain amount of financial support every month for a period of time. This payment is known as maintenance or spousal support. Some people refer to this support as alimony.
Even while the separation or divorce process is going on, a spouse or partner can ask a court to issue a “temporary” spousal support order to provide support while the process is pending.
According to Idaho Family Code, a Judge must take the following factors into consideration when awarding spousal support.
In Idaho, Idaho Code Section 32-705 governs the Court’s ability to award spousal support or maintenance as it is termed in the Statute:
- Lacks sufficient property to provide for his or her reasonable needs; and
- Is unable to support himself or herself through employment.
Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:
The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:
- The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
- The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
- The duration of the marriage;
- The age and the physical and emotional condition of the spouse seeking maintenance;
- The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
- The tax consequences to each spouse;
- The fault of either party.
In Idaho Spousal Support is generally awarded for a set time period and intended to allow the spouse receiving it a period of time to get back into the work force.
In some situations, Spousal Support can last longer, for example until the spouse receiving it becomes eligible for retirement or disability income. Once I understand the unique facts in your situation I can advise you regarding your specific situation and whether spousal support is warranted or not.
A spouse can also ask a judge to enforce the support order if he or she is not receiving the monthly payments as ordered.
Also, should the circumstances change for either person after the judge has issued the final judgment for support, in most cases a request may be made to change the amount of spousal support or to end spousal support. To do this a Petition to Modify must be filed with the court