Frequently Asked Questions

I am getting a divorce and have assets and debts; how will the Judge decide how to divide my property?

In Idaho, a family law judge will identify community property, value the community property, and equitably divide the community property.

What is separate property?

The judge will identify separate property utilizing the definition created by the Idaho Legislature in Idaho Code section 32-903. Generally, all property acquired by either spouse prior to the marriage and that acquired afterward either by gift, bequest, devise, or descent, or that which either he or she shall acquire with the proceeds of his or her separate property by way of money or other property, is the separate property of that spouse.

What is community property?

The judge will identify community property utilizing the definition created by the Idaho Legislature in Idaho Code section 32-906. Generally, all property acquired after marriage by either spouse, including income earned on either spouse’s separate property, is community property.

How does a judge decide to divide the community property?

The judge will consider several factors when deciding how to divide community property equally unless compelling reasons exist to do otherwise. Idaho Code Section 32-712 outlines these factors, which include the length of the marriage, the presence of any premarital or post marital agreements, the age and health of each spouse, their occupations, income sources, vocational skills, employability, and liabilities. Additionally, the needs of each spouse, whether the division is in lieu of or in addition to spousal maintenance (alimony), the present and future earning potential of each party, and retirement benefits—including social security, civil service, military, and railroad pensions—are also taken into account.