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Idaho Code § 32-705

Maintenance

Applied in 13 court decisions — leading case 173 W. Va. 200 - Molnar v. Molnar (1984)

Most recently applied in Smith v. Smith (December 2024)

I.C., § 32-705, as added by 1980, ch. 378, § 4, p. 961; am. 1990, ch. 336, § 1, p. 916.

How often courts cite this section

19841990200020102020202420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:

(2) Lacks sufficient property to provide for his or her reasonable needs; and

(3) Is unable to support himself or herself through employment.

(4) The duration of the marriage;

(5) The age and the physical and emotional condition of the spouse seeking maintenance;

(6) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;

(7) The tax consequences to each spouse;

(8) The fault of either party.

2. The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:

(a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;

(b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.