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Alimony · Idaho · checked 23 Aug 2026

Alimony in Idaho.

Whether the state sets a formula or leaves it to the judge, what the court has to weigh, how long it runs, and what brings it to an end.

Does Idaho have an alimony formula?
No. The judge decides it on the factors.

No formula, cap or presumptive amount. Idaho's control is a two-part gateway rather than a number: the claimant must both lack sufficient property for reasonable needs AND be unable to support himself or herself through employment before any award is possible. The amount is then 'such amounts and for such periods of time that the court deems just'. Idaho's child support guidelines are adopted by the Idaho Supreme Court as a rule of court, Idaho Rule of Family Law Procedure 120; no counterpart rule exists for maintenance, and none was found on the Idaho Supreme Court's own site.

Use the state’s own words

Idaho calls it maintenance. The catchline of Idaho Code s. 32-705 is simply 'MAINTENANCE'; s. 32-704 uses 'temporary maintenance' in subsection (1) and 'spousal support' in subsection (2), which deals with decrees of legal separation.. Using the state’s own term matters when you are searching for forms or reading an order — the words are not interchangeable across state lines, and some of them mean different things in different places.

What do you need?
4 sections on this page. Pick one, or show everything.
The short version4 points · tap one to jump to it
  1. What the law actually says
  2. How long it lasts — No. 'The duration of the marriage' is factor (c), and the order runs 'for such periods of time that the court deems just'.
  3. Does behavior matter? — Expressly permitted, in the shortest possible words.
  4. When it ends, and when it can change — Not addressed. Idaho Code Title 32, Chapter 7 contains no provision terminating maintenance on death, remarriage, cohabitation or retirement.
In this subject 4

What the law actually says

The power the court has

Idaho Code s. 32-705 (maintenance); s. 32-704 (allowance of support money, court costs and attorney fees); s. 32-709 (modification of provisions for maintenance and support)Idaho Code s. 32-705(1): 'Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance: (a) Lacks sufficient property to provide for his or her reasonable needs; and (b) Is unable to support himself or herself through employment.' Idaho Code s. 32-705(2), opening words: 'The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include: …'. Temporary, Idaho Code s. 32-704(1): 'While an action for divorce is pending, the court may, in its discretion, on the motion of either party and upon showing made in conformity with section 32-705 or section 32-706, Idaho Code, whichever be appropriate, order the payment of temporary maintenance of either spouse by the other or temporary support of a child of the marriage, in amounts and on terms just and proper under the circumstances.'

What the judge has to weigh

Idaho Code s. 32-705 (maintenance); s. 32-704 (allowance of support money, court costs and attorney fees); s. 32-709 (modification of provisions for maintenance and support) — the factorsIdaho Code s. 32-705(2): '(a) 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; (b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment; (c) The duration of the marriage; (d) The age and the physical and emotional condition of the spouse seeking maintenance; (e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance; (f) The tax consequences to each spouse; (g) The fault of either party.'

How long it lasts

Duration

No. 'The duration of the marriage' is factor (c), and the order runs 'for such periods of time that the court deems just'. There is no bracket, presumption or maximum term anywhere in Chapter 7.

Does behavior matter?

Marital misconduct

Expressly permitted, in the shortest possible words. Idaho Code s. 32-705(2)(g): 'The fault of either party.' It is the last item on the list; the statute gives it no definition and assigns it no weight. Idaho retains fault grounds for divorce under Idaho Code s. 32-603, so the word carries its ordinary divorce-law meaning. It is a factor, not a bar: nothing in s. 32-705(1) conditions eligibility on freedom from fault.

When it ends, and when it can change

What brings it to an end

Not addressed. Idaho Code Title 32, Chapter 7 contains no provision terminating maintenance on death, remarriage, cohabitation or retirement. The chapter's full section list was read (32-701 through 32-720) and it contains no termination section at all; ss. 32-704, 32-705 and 32-709 were read in full and are silent on every one of the four events.

Changing it later

Idaho Code s. 32-709(1): 'The provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial and material change of circumstances.' The section does not address whether the parties may agree that maintenance is non-modifiable.

Worth knowing about Idaho

Idaho Code s. 32-704(1) makes the showing required for TEMPORARY maintenance the same showing required for a final award — 'upon showing made in conformity with section 32-705' — so the s. 32-705 gateway, including the fault factor, applies while the case is pending. That is the mirror image of the Connecticut rule, where the grounds for the divorce are expressly read out of the pendente lite calculation. Idaho Code s. 32-704(3) then carries the same factors into fee awards: the court may order a party to pay the other's fees 'after considering the financial resources of both parties and the factors set forth in section 32-705, Idaho Code'.

The tax rule changed, and most guides still describe the old one

For a divorce or separation instrument executed after 31 December 2018, alimony is not deductible by the person paying it and not taxable to the person receiving it. The Tax Cuts and Jobs Act repealed the provisions that made it otherwise. For an instrument executed on or before that date the old treatment continues — deductible to the payer, taxable to the recipient — unless it is later modified and the modification expressly adopts the new rule.

This is not a detail. Under the old rule a higher-rate payer could transfer income to a lower-rate recipient and the two of them shared the saving. That saving no longer exists, which changes what a given number is worth to each side. New Hampshire wrote the point into its own statute: its 23 per cent figure assumes non-deductibility, and reverts to 30 per cent if the federal treatment is ever restored.

Alongside the federal rule, Idaho’s own income tax follows the federal treatment. That means the federal answer above is the whole answer here — no state adjustment for alimony either way. Four states do not — Arkansas, California, New Jersey and New York — so this is worth knowing rather than assuming. Worth one more line, because it decides what happens if the federal rule ever changes: Idaho does not adopt federal tax changes automatically. It uses the Internal Revenue Code as amended to 1 January 2026, and later federal changes do not apply until the legislature adopts them. Idaho’s conformity act applies retroactively, so the same date governs the return you are filing now. The fifty-state table.
Source: Idaho Code § 63-3004 (Internal revenue code) the state source

Authority: Tax Cuts and Jobs Act, Pub. L. 115-97, section 11051, repealing Internal Revenue Code sections 71 and 215; see also IRS Publication 504.
Authority: Idaho Code s. 32-705 (maintenance); s. 32-704 (allowance of support money, court costs and attorney fees); s. 32-709 (modification of provisions for maintenance and support) — read it on Idaho’s own site. Checked 23 Aug 2026.

The other number that decides your budget

How Idaho calculates child support, and the overnight count that moves it more than income does.

Child support →

And the question underneath it

What Idaho presumes about custody, and what the judge has to weigh.

Custody →

Know someone in Idaho staring at this number?

A straight answer about money is more useful than most advice, and it costs nothing to pass along. Nothing here asks for their real name, and nobody finds out they looked.

More on Idaho

The rest of what we have written about Idaho. Every figure is quoted from Idaho’s own statute or its courts’ own published schedule, and carries the date we last checked it.

Sources last checked23 August 2026
Page published23 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the dates recorded against the individual citations on this page. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.