Idaho courts have ruled that community property and spousal support (alimony) should be unfairly awarded when one spouse earns much more than another. This web site discusses how Idaho courts have misinterpretted statute law (the laws written by the state legislature) in divorce awards.

These court decisions affect the decision for marriage and divorce of high income people in Idaho. Recent decisions by the Idaho Supreme Court have awarded nearly 70% of community property to one spouse. Alimony has been awarded for 12 years in amounts over $60,000 per year to employed spouses.

The current laws state that the community property should be divided equally between spouses at the time of divorce. Yet the courts are ignoring the statutory law.

The statutes also state that alimony should only be awarded when a spouse can not support the "reasonable needs" for living. This does not exclude awards for child support.

The average annual income of adults in Idaho is less than $40,000. This amount meets their "reasonable needs". Yet the courts have awarded alimony, which resulted in annual income of over $90,000 when salary was included.
(see Stewart v Stewart).

How is it that the courts believe the "reasonable needs" of spouses married to high income people, have higher "reasonable needs" than other people?

The court seems to have decided that alimony should be awarded to maintain a current standard of living, rather than what most Idahoans regard as their "reasonable needs".

The Supreme Court has also ruled that community property also includes the personal characteristics of a professional spouse. So, if a person is a hard worker, intelligent, good at business, or personable, then the value of these traits may be awarded to a divorcing spouse. Therefore, a person contemplating or anticipating divorce, would be wise to be less productive, and decrease one's income, so that a divorce award would be less punitive to that person.

For example, if an attorney anticipated her divorce, she would be wise to work fewer hours and bill less for her work for the years prior to her divorce. That way she would be less liable for unequal division of her community assets and a large alimony award to her less productive husband.

Fault of one spouse leading to divorce, should not be considered in the decision of divorce awards. Idaho is a "no fault" divorce state. However, according to state statute, fault may be considered when one spouse does not have enough income to meet "reasonable needs". Since the courts have changed their awards from a "reasonable needs" standard to a maintenance of standard of living, then the courts may consider fault in most divorce cases. Therefore, divorcing spouses should try to prove that their spouse is at fault in the marriage. And spouses should do everything to maintain the appearace of being a good spouse.