Who Gets Spousal Maintenance (Alimony)?

Intro #

In divorce, a topic that frequently arises is alimony. In Idaho, alimony is known as spousal maintenance.¹ So who gets it, and how do they get it?

The requirements for spousal maintenance are found in Idaho Code Section 32-705. The statute specifies that the court “may” grant spousal maintenance under certain conditions. This means that it is not automatic and and is not mandatory.

This statute establishes a two-step analysis that courts must follow when determining whether to award spousal maintenance, to who, how much, and for how long.

The Test #

Step 1 determines whether you are eligible at all. There are two criteria that must be met, and if either one is lacking you are not eligible for spousal maintenance. You must (1) lack sufficient property to provide for your reasonable needs, and (2) be unable to support yourself through employment. “Reasonable needs” is defined as the standard of living established during the marriage.

If you meet the requirements under Step 1, then the judge moves on to Step 2 to determine the amount and duration of spousal maintenance. In determining the amount and duration, the judge must consider “all relevant factors.” The statute provides a list of factors that could be considered:

• 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
• The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment
• The duration of the marriage
• The age and the physical and emotional condition of the spouse seeking maintenance
• The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance
• The tax consequences to each spouse
• The fault of either party

There is no set formula, and the judge has discretion in setting the amount an duration of maintenance based on all the facts of the case.

Common Misconceptions #

Spousal Maintenance is Only Awarded to the Wife

Spousal maintenance is not gender-specific. If you meet the test under Section 32-705, you could be awarded spousal maintenance regardless of your gender or gender identity.

My Spouse Cheated on Me, So I’m Entitled to Spousal Maintenance

Your spouse’s infidelity cannot be considered unless you meet the first part of the test, and then it is only one of many factors that the court must consider. If you don’t meet the first part of the test, you are not entitled to spousal maintenance, regardless of your spouse’s misconduct.

I Can Get Spousal Maintenance for Life

Lifetime spousal maintenance is extremely rare. It must be established in an amount and duration that is just, after considering all relevant factors.

Spousal Maintenance Can’t Be Modified

Change is a natural part of life. If the court determines that there has been a “substantial and material change of circumstances,” ² spousal maintenance can be modified. This could include things like remarriage, change in job circumstances, change in living arrangements, etc.

1. It is also often referred to as spousal support. ↩︎
2. Idaho Code § 32-709 ↩︎