Alimony in Idaho
The Basics of Alimony in Idaho
Knowing what to expect when dealing with alimony in Idaho is crucial; because in any situation regarding a petition for divorce, it may be a possibility. For starters, though, let’s get into the basic definition:
What Does ‘Alimony’ Mean?
Alimony, specifically alimony in Idaho, is when a spouse living in the state of Idaho is required to make payments for living expenses toward the other spouse. Sometimes alimony may be called ‘spousal support.’
It’s important to know that there are four types of alimony in Idaho:
The Types of Alimony in Idaho to Consider
For the state of Idaho, a court can consider these possibilities when dealing with alimony:
1. Lump-Sum
2. Rehabilitative
3. Temporary
4. Permanent
Many factors can influence what kind of alimony may be ordered, but for starters, we can get into the definition of each for a better understanding of what any divorcing couple might have to face in regard to alimony in Idaho.
Lump-Sum Alimony
It’s simply a large one-time payment for an amount determined and discussed by the court and both parties, possibly including any legal representation in the matter. Once the payment is made, alimony has been handled completely, and there would be no need for further payments.
Typically, depending on the finances of the paying party, this form of alimony may be considered.
Rehabilitative Alimony
This pertains to educational needs. In the event that a divorce petition deals with one of the spouses requiring education to obtain a viable job or profession to acquire suitable income for stability, this type of alimony may be awarded for the sake of the party seeking that support.
Temporary Alimony
This is very much like “rehabilitative” alimony in that is serves to provide financial assistance for only a period of time. Only this form of alimony focuses on living situations beyond the control of educational circumstances – such as a downgrade in a standard of living, lack of housing ability, even the loss of a job.
Permanent Alimony
Obviously, this form of alimony is the most serious, in that the paying party in a divorce petition indefinitely makes these supplemental payments until either the receiving party remarries, becomes deceased, or when the current alimony order gets modified for any reason. Common issues that may call for a permanent alimony plan would be disability, either mental or physical, that would absolutely prevent a spouse from obtaining any job.
Requirements and Considerations
It does vary from state to state, but in Idaho the requirements are as follows:
1. Financial Resources on Both Spouses
2. Educational Needs
3. Marriage Duration
4. Age and Physical/Emotional Status
5. The Payer’s Ability to Make Alimony Payments
6. Tax Consequences
7. Specific Grounds for Divorce (Such as Infidelity or Abuse)
Not only do these factors play a role on deciding to award alimony, these factors can help determine what kind of alimony to award. Furthermore, based on these considerations the actual amount is also determined.
It’s important to understand everything about alimony, because when it does become necessary in a petition, it can be one of the most complex situations to handle.
