Idaho Property Division Laws
Go to another Idaho divorce page.

If you and your spouse are able to agree how to divide your property, the court will be usually (though not always) inclined to accept your agreement. If you can't agree, you'll be at the mercy of the court's decisions. Either way, you may want to be aware of the guidelines a court will use when dividing property.

Idaho is a community property state. The court will consider all the facts of the case and the condition of the parties to make a just decision on the division of property and debts. Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses. Factors which may bear upon whether a division shall be equal, or the manner of division, include, but are not limited to:

(1) Duration of the marriage;

(2) Any antenuptial agreement of the parties; provided, however, that the court shall have no authority to amend or rescind any such agreement;

(3) The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse;

(4) The needs of each spouse;

(5) Whether the apportionment is in lieu of or in addition to maintenance;

(6) The present and potential earning capability of each party; and

(7) Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits.

-From 32-712 of the Idaho Statutes.

 

Learn more about general property division in divorce or common ways to divide your property.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on Idaho divorce laws:
General Idaho Divorce Laws
Alimony Divorce Laws in Idaho
Idaho Child Custody Laws
Idaho Child Support Laws
Idaho Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Idaho statutes. You can find the full-text version of these and other Idaho divorce statutes online here: Idaho Divorce Laws.