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Idaho Property Distribution Laws

In an Idaho divorce, Idaho's "community property" laws are controlling. Separate property will not be divided but, rather, belongs to the party who acquired the particular separate property item. Separate property is defined as follows:

• all property acquired prior to the marriage;

• property acquired by gift either before or during the marriage; and

• property acquired by individual gift before or during the marriage.

All other property is considered the community property in an Idaho divorce and will be divided in a substantially equal manner absent compelling reasons against such a division. In dividing community property, an Idaho court will consider the following:

• any marital misconduct,

• the length of the marriage;

• the age and health of the spouses;

• the occupation of the spouses;

• the amount and sources of income of the spouses;

• the vocational skills of the spouses;

• the employability of the spouses;

• any premarital agreement;

• the present and potential earning capability of each spouse;

• any retirement benefits, including social security, civil service, military and railroad retirement benefits;

• the liabilities of the spouses;

• the needs of the spouses; and

• whether the property award is in stead of or in addition to maintenance.

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