Maintenance And Property
Idaho Code § 32-705 and Idaho Code § 32-712 — maintenance where one spouse cannot meet their needs, and community property split substantially equally
Community property, split substantially equally. In a divorce the court assigns the community property as it finds just. Unless there are compelling reasons otherwise, the division is substantially equal in value, counting the debts.
- How long the marriage lasted, and any prenuptial agreement, which the court may not change.
- Each spouse's age, health, occupation, income, skills and debts.
- Each spouse's needs and earning capacity.
- Whether the division replaces maintenance or adds to it.
- Retirement benefits, including Social Security and military retirement.
The court may order maintenance to a spouse who lacks enough property for reasonable needs and cannot support themselves through work. The amount and length weigh that spouse's resources, the time needed for training, the length of the marriage, age and health, the other spouse's ability to pay, taxes and the fault of either party.
A homestead from the community property may go to either spouse, for good or for a time, or be sold and the proceeds divided. A particular case is a question for a licensed Idaho attorney.
Sources for this section (2)
- Idaho Code § 32-705 — Maintenance
- Idaho Code § 32-712 — Community property and homestead — Disposition
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.