Quick answer: Idaho is a community property state. All property acquired after marriage by either spouse is community property, and so is the income, including rents, issues and profits, of all property, separate or community, unless a written agreement or the conveyance says otherwise. Property owned before marriage and property acquired by gift, bequest, devise or descent stays separate. On divorce the court assigns the community property in such proportions as it deems just, but unless there are compelling reasons otherwise there is a substantially equal division in value, considering debts. Factors that may bear on whether the division is equal include the duration of the marriage, any antenuptial agreement, each spouse’s age, health, income, employability, liabilities and needs, whether the apportionment is in lieu of or in addition to maintenance, earning capability and retirement benefits.
What the Idaho statutes say
- Community property. All other property acquired after marriage is community property, and income from separate or community property is community unless a written agreement says otherwise (Idaho Code 32-906(1)).
- Separate property. Property owned before marriage, property acquired by gift, bequest, devise or descent, and property acquired with the proceeds of separate property stays separate (32-903).
- Division. Substantially equal in value, considering debts, unless there are compelling reasons otherwise (32-712(1)(a)).
- Homestead. A homestead selected from the community property may be assigned to either party or sold; one selected from separate property goes to its former owner, subject to a limited-period assignment to the other spouse (32-712(2) and (3)).
How the calculator works
You enter the community property and debts each spouse holds and each spouse’s separate property. The calculator adds up the community estate, starts at an equal share and shows the equalizing payment; you can move the slider to test an unequal division. The reasoning is in how Idaho divides community property, separate versus community property and the homestead, retirement and debts.
Property and maintenance
The marital property apportioned to the spouse seeking maintenance is one of that spouse’s financial resources. See the Idaho alimony calculator.
Property division across Idaho
The statutes apply in every Idaho court, from Boise, Meridian, Nampa, Idaho Falls, Pocatello or Coeur d’Alene. The IRS lists Idaho as one of nine community property states.
Frequently asked questions
Is Idaho a community property state?
Yes. All property acquired after marriage is community property, and the IRS lists Idaho among the nine community property states.
Does Idaho split property 50/50 in a divorce?
The starting point is a substantially equal division in value of the community property, considering debts, unless there are compelling reasons otherwise.
Is an inheritance divided in an Idaho divorce?
Property acquired by gift, bequest, devise or descent remains separate property, but the income from it is community property unless a written agreement says otherwise.
Are debts divided in an Idaho divorce?
Yes. The statute directs a substantially equal division in value considering debts.
What can justify an unequal division in Idaho?
Compelling reasons, informed by factors such as the duration of the marriage, an antenuptial agreement, age, health and earning capability, needs, maintenance and retirement benefits.