Idaho Divorce Property Division

What the Law Says

Idaho is one of 9 community property states — property acquired during the marriage belongs to both spouses. On divorce, the community estate is divided equally unless a specific exception applies. Property owned before the marriage, gifts, and inheritances generally stay with the original owner.

Idaho is a community property state: §32-906 classifies property acquired after marriage as community property, and §32-712(1)(a) requires a “substantially equal division in value, considering debts, between the spouses” unless there are compelling reasons otherwise. §32-712(1)(b) lists seven factors bearing on deviation: the duration of the marriage; any antenuptial agreement; each spouse's age, health, occupation, amount and source of income, vocational skills, employability, and liabilities; the needs of each spouse; whether the apportionment is in lieu of or in addition to maintenance; each spouse's present and potential earning capability; and retirement benefits, including social security, civil service, military, and railroad retirement.

Division Factors (Idaho Code §§32-906, 32-712)

What Idaho courts weigh:

1. Duration of the marriage (§32-712(1)(b)(1))
2. Any antenuptial agreement of the parties (§32-712(1)(b)(2))
3. Age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse (§32-712(1)(b)(3))
4. Needs of each spouse (§32-712(1)(b)(4))
5. Whether the apportionment is in lieu of or in addition to maintenance (§32-712(1)(b)(5))
6. Present and potential earning capability of each party (§32-712(1)(b)(6))
7. Retirement benefits, including, but not limited to, social security, civil service, military, and railroad retirement benefits (§32-712(1)(b)(7))

Common Questions