While Idaho is not considered an “alimony state,” Idaho courts do have discretion to award spousal maintenance if your situation meets certain criteria set forth in Idaho’s spousal maintenance statute. In order for the court to grant spousal maintenance, it must find that the spouse seeking maintenance:
- Lacks sufficient property to provide for his or her reasonable needs; and
- Is unable to support himself or herself through employment.
If the court determines the initial test is met, the amount of maintenance awarded should be in a “just” amount after considering the following factors:
- 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; and
- The fault of either party.
The attorneys at Racine Olson will work with you to evaluate whether your situation is one that warrants asking for spousal maintenance. Our attorneys are experienced in all aspects of divorce and will work to help put you in a strong financial position upon your divorce.
If you are wondering whether you should ask the court for spousal maintenance in your divorce, contact Heidi Buck Morrison today for a consultation. Toll free at 877-232-6101 or 208-232-6101. You can also email Heidi Buck Morrison directly at hbm@racinelaw.net. Our attorneys serve all of Idaho, including Firth, Malad, Montpelier, Preston, Soda Springs, American Falls, Blackfoot, Pocatello, Idaho Falls, Rigby, Twin Falls, Rupert, Burley, and Boise.