Idaho Marital Settlement Agreement
An Idaho marital settlement agreement lets divorcing spouses divide their community property, set spousal maintenance, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
Idaho is a community property state: on divorce the community property is assigned in such proportions as the court deems just, and unless there are compelling reasons otherwise there is a substantially equal division in value, considering debts, between the spouses (Idaho Code 32-712). A marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal maintenance, and (by reference) custody and child support will be handled, so the terms can be incorporated into the decree that ends the marriage. Property acquired after marriage by either spouse is community property in Idaho (Idaho Code 32-906), and this written agreement is how spouses set the division themselves instead of leaving it to the court. Idaho has no statewide formula for spousal maintenance; a court may grant maintenance only after finding the spouse who seeks it lacks sufficient property for reasonable needs and cannot support themselves through employment, then sets the amount and duration by weighing the factors in Idaho Code 32-705. Custody and child support follow the Idaho Child Support Guidelines the Supreme Court is authorized to adopt (Idaho Code 32-706), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. A marriage settlement must be in writing and acknowledged like a deed (Idaho Code 32-917), and no final decree may be entered until at least 21 days after the action is commenced and served (Idaho Code 32-716). DocDraft builds your Idaho marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Idaho requires a marriage settlement to be in writing and acknowledged like a conveyance of land (Idaho Code 32-917), and it is the written contract divorcing spouses use to settle property and debt division, spousal maintenance, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
- 2
Idaho is a community property state: property acquired after marriage by either spouse is community property (Idaho Code 32-906), and on divorce the community property is assigned as the court deems just, with a substantially equal division in value, considering debts, unless there are compelling reasons otherwise (Idaho Code 32-712).
- 3
Because the substantially equal division in Idaho Code 32-712 is a starting point the court can adjust, an Idaho marital settlement agreement lets spouses set the property division themselves, for example one spouse keeping the home while the other keeps accounts of similar value, subject to the court.
- 4
Idaho has no statewide formula for spousal maintenance. A court may grant maintenance only after finding the spouse who seeks it lacks sufficient property for reasonable needs and cannot support themselves through employment, then sets the amount and duration by weighing the factors in Idaho Code 32-705.
- 5
Child support follows the Idaho Child Support Guidelines the Supreme Court is authorized to adopt (Idaho Code 32-706), and while spouses may propose an amount, it is subject to court approval; custody and child support stay court-approved and modifiable in the best interests of the children and cannot be bargained away.
- 6
A marriage settlement in Idaho must be in writing, and executed and acknowledged or proved in like manner as a conveyance of land (Idaho Code 32-917), so both spouses should sign and acknowledge the agreement before a notary the same way a deed is signed.
- 7
No final decree of divorce may be entered until at least 21 days have passed after the action is commenced and served (Idaho Code 32-716). Once the court approves the terms, the agreement is incorporated into the decree and its terms become enforceable court orders.
Key decisions before you file
Before you file a Marital Settlement Agreement in Idaho, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Idaho Requirements for Marital Settlement Agreement
Community Property, Substantially Equal Division
Idaho is a community property state. Property acquired after marriage by either spouse is community property (Idaho Code 32-906), and on divorce the court assigns it as it deems just, with a substantially equal division in value, considering debts, unless there are compelling reasons otherwise (Idaho Code 32-712).
Spouses May Set the Division by Agreement
The substantially equal division in Idaho Code 32-712 is a starting point the court can adjust for compelling reasons. An Idaho marital settlement agreement lets the parties set the property division themselves, so you can agree to a split that fits your situation rather than leaving it to the court.
No Statewide Maintenance Formula
Idaho has no statewide formula for spousal maintenance. A court may grant maintenance only after finding the spouse who seeks it lacks sufficient property for reasonable needs and cannot support themselves through employment, then sets the amount and duration by weighing the factors in Idaho Code 32-705.
Child Support Follows the Guidelines
Child support follows the Idaho Child Support Guidelines the Supreme Court is authorized to adopt (Idaho Code 32-706), with a rebuttable presumption that the guideline amount is correct. Parents may propose an amount, but only subject to court approval. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in an Idaho marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Acknowledged Like a Deed
A marriage settlement in Idaho must be in writing, and executed and acknowledged or proved in like manner as a conveyance of land (Idaho Code 32-917). Both spouses should sign the agreement and acknowledge their signatures before a notary, the same way a deed is signed.
Twenty One Day Waiting Period
No final decree of divorce may be entered until at least 21 days have passed after the action is commenced and the other spouse is served with process (Idaho Code 32-716). The court may stay proceedings for up to 90 days where there are minor children if reconciliation is practicable.
Incorporation Into the Decree
Once both spouses sign and the court approves the terms, the agreement is incorporated into the decree of divorce and its terms become enforceable court orders. The district court enters the decree that adopts the agreed terms; the court must still review and approve it.