WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Idaho

Divorce

Updated: 
November 7, 2023

Can I get alimony/maintenance?

Alimony, which is called maintenance in Idaho, is financial support paid by, or to, your spouse. In Idaho, if you request maintenance, a judge may grant you maintenance if:

  • you do not have enough property, money, and assets to pay for your own reasonable needs; and
  • you can’t support yourself through employment.1

If the judge grants you maintenance, s/he will decide what amount and for how long you will receive maintenance after considering several factors, including:

  • your financial resources, including property you gained in the divorce
  • your ability to meet your financial needs on your own;
  • how long you will need to get the education and training you need to find employment;
  • how long the marriage lasted;
  • your age and physical and emotional condition;
  • your spouse’s ability to meet his/her own financial needs while paying you maintenance;
  • tax consequences of a maintenance order to each spouse; and
  • whether either party was at fault for the divorce.2

After maintenance has been awarded, you can only ask for the order to be changed if there is an important (substantial and material) change in circumstances. Any changes to the order will only apply to future payments.3

1 I.C. § 32-705(1)
2 I.C. § 32-705(2)
3 I.C. § 32-709(1)