Idaho Legal Separation Agreement
Idaho courts may enter a decree of legal separation covering custody, property, debts, and support, on the same grounds as a divorce, while the couple stays married. Attorney review available.
Find out where you stand in Idaho
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Introduction
Idaho grants a court decree of legal separation: the court may, in its discretion, on the motion of either party enter a decree of legal separation, providing for custody of children, division of property, payment of debts, payment of child support, and payment of spousal support (Idaho Code 32-704(2)). This is a full court decree that can settle the same matters a divorce settles, with one central difference: it does not dissolve the marriage. The spouses stay legally married and neither may remarry while the separation stands. A distinctive Idaho point is that a legal separation is sought on the same grounds as a divorce (Idaho Code 32-603): the no-fault ground of irreconcilable differences, or a fault ground such as adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, or permanent insanity. So an Idaho legal separation is not a lighter, groundless filing; it uses the divorce grounds but stops short of ending the marriage. Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding whether to divorce. Idaho is a community-property state, so property and debts acquired during the marriage are generally community and divided in the decree; because that division is the same work a divorce does, those terms belong in an Idaho Marital Settlement Agreement rather than being repeated here. If you decide to end the marriage instead, the pleading that starts it is an Idaho Divorce Petition. DocDraft builds your Idaho legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Idaho grants a court decree of legal separation: the court may, on the motion of either party, enter a decree of legal separation providing for custody, division of property, payment of debts, child support, and spousal support (Idaho Code 32-704(2)). The couple stays married and neither may remarry while it stands.
- 2
An Idaho legal separation is sought on the same grounds as a divorce (Idaho Code 32-603): irreconcilable differences (no-fault), or a fault ground such as adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, or permanent insanity.
- 3
An Idaho decree of legal separation can settle the same matters a divorce settles: custody, property, debts, child support, and spousal support (Idaho Code 32-704(2)). What it does not do is dissolve the marriage.
- 4
An Idaho legal separation does not end the marriage. The spouses stay legally married while living apart, and the marriage is dissolved only through a later divorce.
- 5
The Idaho court awards spousal support and child support in a legal separation as set forth in the statutes governing domestic relations (Idaho Code 32-704(2)), on the same basis those obligations are set in a divorce.
- 6
Couples choose an Idaho legal separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
- 7
Idaho is a community-property state, so property and debts acquired during the marriage are generally community; because the decree divides them the same way a divorce does, those terms belong in a marital settlement agreement rather than the separation itself.
Key decisions before you file
Before you file a Legal Separation Agreement in Idaho, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Idaho Requirements for Legal Separation Agreement
Court Decree of Legal Separation
Idaho grants a court decree of legal separation: the court may, on the motion of either party, enter a decree providing for custody, division of property, payment of debts, child support, and spousal support (Idaho Code 32-704(2)). The couple stays legally married, and the marriage ends only through a later divorce.
Same Grounds as a Divorce
An Idaho legal separation is sought on the same grounds as a divorce (Idaho Code 32-603): irreconcilable differences, or a fault ground such as adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, or permanent insanity.
What the Decree Can Decide
An Idaho decree of legal separation can provide for custody of children, division of property, payment of debts, child support, and spousal support (Idaho Code 32-704(2)). It resolves the same practical issues a divorce resolves, except that it does not dissolve the marriage.
Marriage Not Dissolved
An Idaho legal separation does not end the marriage. The spouses stay legally married while living apart, and neither may remarry. The marriage is dissolved only if the couple later obtains a divorce.
Spousal and Child Support
In an Idaho decree of legal separation the court orders spousal support and child support as set forth in the statutes governing domestic relations (Idaho Code 32-704(2)), on the same basis those obligations are set in a divorce.
Conversion to a Later Divorce
An Idaho decree of legal separation does not bar a later divorce. A spouse who wants to end the marriage files for divorce, available on the same grounds (Idaho Code 32-603), and the earlier decree does not prevent it.
Reasons to Choose Separation Over Divorce
An Idaho legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.
Community Property and the Settlement Agreement
Idaho is a community-property state, so property and debts acquired during the marriage are generally community. Because the decree divides them the same way a divorce does, set out the division in an Idaho marital settlement agreement and rely on the legal separation for status.