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Idaho Property Division Factors

In Idaho, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Divorce.

Idaho is considered a "Community Property" state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the District Court if the spouses are unable to reach an agreement.

The community property must be assigned by the court (if the parties cannot agree) in such proportions as the court, from all the facts of the case and the condition of the parties, deems just, with due consideration of the following factors: (1) Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses. (2) Factors which may bear upon whether a division shall be equal, or the manner of division, include, but are not limited to: (a) Duration of the marriage; (b) Any antenuptial agreement of the parties; provided, however, that the court shall have no authority to amend or rescind any such agreement; (c) The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse; (d) The needs of each spouse; (e) Whether the apportionment is in lieu of or in addition to maintenance; (f) The present and potential earning capability of each party; and (g) Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits. (Idaho Code - Title 32 - Chapters: 712, 903)

Since Idaho is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the divorce will be distributed equally to each spouse. Obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value. You can learn more about Idaho property division in the Idaho state statutes located at: http://www3.state.id.us.