Idaho · Alimony · Updated Oct 2026

Alimony in Idaho

What Idaho law says about alimony: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

In short

In Idaho, alimony is called maintenance. The court may order it only if the spouse asking lacks enough property for reasonable needs and can't support themselves through work.

What Idaho calls it
maintenance
Property division
Community property
Law
Idaho Code 32-705.

When Idaho courts can order alimony

The court may order it only if the spouse asking lacks enough property for reasonable needs and can't support themselves through work.

Amount, limits and length

Amount and length are what the court finds just, based on factors such as the length of the marriage, age, health, time needed for training, and the other spouse's ability to pay; fault can be considered.

Law: Idaho Code 32-705.

Alimony and property in Idaho

Spousal support is a separate question from dividing property and debts.

System
Community property
The rule
Community property (generally what either spouse got during the marriage) is divided substantially equally unless there are compelling reasons otherwise. Each spouse keeps their separate property, such as what they owned before marriage or received by gift or inheritance.

How to ask for alimony in Idaho

  1. Ask for it in your divorce papers

    Spousal support is decided in the divorce case: ask for it in your petition, or in your response if your spouse filed. Use the court's official divorce forms: Divorce forms (Idaho courts)

  2. Pay the fee or ask for a waiver

    $207 to file a divorce (with or without children); $136 to file a response (Idaho Court Assistance Office). Can't afford it? File a fee waiver request (CAO FW 1-9) with a proposed Order Re: Fee Waiver (FW 1-10), available on the Court Assistance Office forms pages.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Common.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Idaho

How does alimony work in Idaho?

Called maintenance. The court may order it only if the spouse asking lacks enough property for reasonable needs and can't support themselves through work. Amount and length are what the court finds just, based on factors such as the length of the marriage, age, health, time needed for training, and the other spouse's ability to pay; fault can be considered.

How much alimony is paid in Idaho, and for how long?

Amount and length are what the court finds just, based on factors such as the length of the marriage, age, health, time needed for training, and the other spouse's ability to pay; fault can be considered.

Is Idaho a community property state?

Yes. Community property (generally what either spouse got during the marriage) is divided substantially equally unless there are compelling reasons otherwise. Each spouse keeps their separate property, such as what they owned before marriage or received by gift or inheritance.

More about divorce in Idaho

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