Divorces in Meridian, ID, are never easy. They are painful, troublesome, and lengthy and therefore, better left to a Meridian family lawyer. When one party claims spousal support and alimony, things get even more challenging. In Idaho, the law gives a divorcing spouse the right to alimony if they are in a precarious financial situation.
The alimony comes in regular, usually monthly, payments. The term used for it in Idaho Code is “maintenance”. Its value depends on the decision of the court. Therefore, it is in the best interest of both parties to work with a Meridian family lawyer.
The claimant has to prove they have the right to receive spousal support and alimony and that they deserve it. The defendant has to do everything in their power to show that their spouse can support themselves. If they cannot, they will still need help in convincing the court to approve the lowest amount possible.
At Idaho Divorce Center, our family lawyers have helped numerous clients obtain spousal support. As we explain to all of them, there are no guarantees. The amounts the courts award depend on several factors that are often subjective and difficult to prove.
That is why the experience of the Meridian family lawyer plays such a decisive role. The lawyer can also explain to the spouses what their corresponding rights and obligations are. We will review them and the related legal stipulations in the following lines.
Spousal Support and Alimony Law in Idaho
In Idaho, spousal maintenance is subject to Title 32, Chapter 7, Section 32-705. According to this law, when decreeing a divorce, the court may award maintenance. In order to do so, they would have to conclude that the claiming spouse:
- Does not have any or sufficient property to meet their reasonable needs
- Cannot support themselves through employment
The court’s decision will take into account any relevant factors, including:
- The duration of the marriage
- The spouses’ age and physical, emotional, and mental health
- The spouses’ financial situation and earning ability
- The time and education the spouse seeking support needs in order to obtain employment
- The way spousal support would influence both parties’ tax obligations
- The extent to which either party was at fault, if applicable
Depending on these factors, the court may grant temporary, short-term, or long-term spousal support. For example, temporary maintenance is mostly for spouses who need it until the divorce is final. Short-term maintenance aims to help spouses who want to complete their education or qualify for a new job. Long-term or permanent maintenance is for spouses who cannot support themselves.
Alimony payments end when the beneficiary can support themselves or gets married. Individuals seeking to terminate alimony payments could use the advice of a Meridian, ID family attorney. They will have to file the termination request and, maybe, prove that their spouse no longer needs support.
Consult a Meridian Family Lawyer Now!
Are you filing for divorce? At Idaho Divorce Center, we know how painful and stressful divorces can be. We also know all about spousal support and alimony. Our mission is to make everything easier and help you move on with your life. Call 208-953-1466 and schedule a consultation with our Meridian, ID family attorney! You will receive all the answers and advice you need.