Alimony in Idaho
I hear from a lot of people that they don't think that alimony is a thing in Idaho anymore. Idaho does allow for the payment of alimony, now known as Spousal Support or Spousal Maintenance. Support, however, doesn't look like it used to. At one time a woman could expect to receive alimony for the rest of her life or at least until she got remarried. Maintenance looks different now.
How to Get Spousal Support in Idaho
Support isn't mandatory. In Idaho, your divorce lawyer will have to ask for spousal support. Even when they ask for it it isn't automatic. There are criteria that have to be met for the judge to even consider whether or not they will award the spousal maintenance. Some of those criteria are the length of the marriage, the earning capacity of the parties, the age and health of the person seeking support and things like that. Your divorce attorney will have to show the court that you meet the criteria and then the judge will decide how much and for how long you will receive support. There is no formula but the judge will look at the respective incomes of the parties for guidance. The other thing is that if you are capable of working and bringing in enough money to support yourself, it is unlikely that you will get support ordered.
Unequal Division of Property and Spousal Support
While it is possible to get both an unequal division of property and spousal support that is not the norm. If you are one of the lucky people whose spouse makes millions of dollars every year then you might qualify for both spousal maintenance and an unequal division of property. For ordinary folks it one or the other.
What if I Gave Up My Career to Stay Home
Giving up your career to stay home is a criteria the judge will look at when considering if support should be ordered. The judge also looks at how long it would take you to be trained, get a degree or a certification that will allow you to support yourself. If for example, you were in nursing school at the time of your divorce the judge would consider how long it would take you to complete that education and how much you will make at the conclusion of the training. That would be a determining factor in how long the support would last.
If you find yourself in need of a Boise Divorce Attorney, give us a call. You will be glad you did. Give us a call at (208) 472-2383 for a consultation with one of our divorce lawyers. Consultations are always free.