Idaho Code
Idaho Code § 32-705 (2026)
Maintenance.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Maintenance.
1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:
(a) Lacks sufficient property to provide for his or her reasonable needs; and
(b) Is unable to support himself or herself through employment.
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;
(c) The duration of the marriage;
(d) The age and the physical and emotional condition of the spouse seeking maintenance;
(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
(f) The tax consequences to each spouse;
(g) The fault of either party.
Notes of Decisions
Cited in 114
cases (10 in the last 5 years), 1954–2026 · leading case: Papin v. Papin, 454 P.3d 1092 (Idaho 2019).
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). ““Whether to award spousal maintenance under [I.C. § 32-705] is discretionary and requires the court to give due consideration to each party’s financial needs and abilities.”
Pedro Pelayo v. Bertha Pelayo, 303 P.3d 214 (Idaho 2013). “Based on the factors in I.C. § 32-705, the magistrate court found that Bertha lacked sufficient income to support herself even with full time employment available to her.”
Linda Kesting v. James Kesting, 370 P.3d 729 (Idaho 2016). “Idaho Code section 32-705 provides no absolute right to spousal support; on the contrary, section 33-705 provides that such support can only be ordered when the court determines that certain conditions have been met, which include consideration of: I.C. § 32-705 (“Maintenance”)…”
Jones v. Jones, 790 P.2d 914 (Idaho 1990). “Idaho Code § 32-705 (2) lists the "relevant factors" in subsections (a) through (f).”
Campbell v. Campbell, 816 P.2d 350 (Idaho Ct. App. 1991). “Idaho Code § 32-705 (1), as in effect at the time of this action, authorized a trial court to grant an order of maintenance where a divorce is granted on the basis of fault, [3] "if [the court] finds that the spouse seeking maintenance (a) lacks sufficient property to provide…”
Mulch v. Mulch, 867 P.2d 967 (Idaho 1994). “In making the award of spousal maintenance, the trial court stated: Pursuant to Idaho Code 32-705, this Court considers heavily [Karen’s] inability to support herself, her lack of liquid assets, the duration of the marriage, her need for therapy, her age, and her emotional…”
McGriff v. McGriff, 99 P.3d 111 (Idaho 2004). “2d 1262, 1266 (1998). In order for a trial court to award attorney fees established by I.”
Hoskinson v. Hoskinson, 80 P.3d 1049 (Idaho 2003). “Pursuant to Idaho Code § 32-705 (1), a trial court has the discretion to “grant a maintenance order if it finds that the spouse seeking maintenance: (a) lacks sufficient property to provide for his or her reasonable needs; and (b) is unable to support himself or herself through…”
Stephanie Reed v. Scott Reed, 339 P.3d 1109 (Idaho 2014). “2d 914 , (1990), we held: “[T]he trial court need only consider the factors set forth in I.”
Le Vine v. Spickelmier, 707 P.2d 452 (Idaho 1985). “her a trial court may retain jurisdiction in a divorce proceeding pending an anticipated future change in the law; (2) whether the magistrate had jurisdiction, while the case was on appeal to the district court, to enter a finding of fault by the husband in order to support an…”
Marmon v. Marmon, 825 P.2d 1136 (Idaho Ct. App. 1992). “Therefore, it is not inequitable to award spousal maintenance to [Lillian] if the other factors are present under Idaho Code § 32-705 ." The magistrate then found that Lillian's circumstances warranted an award of maintenance and, accordingly, ordered William to pay a determined…”
David R. Davies v. Susan Davies, 368 P.3d 1017 (Idaho Ct. App. 2016). “§ 32-704(3), it is necessary that the court consider the factors set forth in I.C. § 32-705. Jensen v. Jensen, 128 Idaho 600, 607 , 917 P.”
Idaho Code § 32-705(1): 11 cases
Pedro Pelayo v. Bertha Pelayo, 303 P.3d 214 (Idaho 2013). “Based on the factors in I.C. § 32-705, the magistrate court found that Bertha lacked sufficient income to support herself even with full time employment available to her.”
Stewart v. Stewart, 152 P.3d 544 (Idaho 2007).
Nelson v. Evans, 464 P.3d 301 (Idaho 2020).
Griffiths v. Griffiths, 469 P.3d 615 (Idaho 2020).
Stephanie Reed v. Scott Reed, 339 P.3d 1109 (Idaho 2014). “2d 914 , (1990), we held: “[T]he trial court need only consider the factors set forth in I.”
Idaho Code § 32-705(1)(a): 2 cases
Voss v. Voss, 497 P.3d 1138 (Idaho Ct. App. 2021).
Voss v. Voss, No. 48313 (Idaho Ct. App. Aug. 19, 2021).
Idaho Code § 32-705(1)(b): 1 case
Griffiths v. Griffiths, 469 P.3d 615 (Idaho 2020).
Idaho Code § 32-705(2): 16 cases
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). ““Whether to award spousal maintenance under [I.C. § 32-705] is discretionary and requires the court to give due consideration to each party’s financial needs and abilities.”
Pedro Pelayo v. Bertha Pelayo, 303 P.3d 214 (Idaho 2013). “Based on the factors in I.C. § 32-705, the magistrate court found that Bertha lacked sufficient income to support herself even with full time employment available to her.”
Campbell v. Campbell, 816 P.2d 350 (Idaho Ct. App. 1991). “Idaho Code § 32-705 (1), as in effect at the time of this action, authorized a trial court to grant an order of maintenance where a divorce is granted on the basis of fault, [3] "if [the court] finds that the spouse seeking maintenance (a) lacks sufficient property to provide…”
Stewart v. Stewart, 152 P.3d 544 (Idaho 2007).
Mulch v. Mulch, 867 P.2d 967 (Idaho 1994). “In making the award of spousal maintenance, the trial court stated: Pursuant to Idaho Code 32-705, this Court considers heavily [Karen’s] inability to support herself, her lack of liquid assets, the duration of the marriage, her need for therapy, her age, and her emotional…”
Idaho Code § 32-705(2)(a): 4 cases
Pedro Pelayo v. Bertha Pelayo, 303 P.3d 214 (Idaho 2013). “Based on the factors in I.C. § 32-705, the magistrate court found that Bertha lacked sufficient income to support herself even with full time employment available to her.”
Mulch v. Mulch, 867 P.2d 967 (Idaho 1994). “In making the award of spousal maintenance, the trial court stated: Pursuant to Idaho Code 32-705, this Court considers heavily [Karen’s] inability to support herself, her lack of liquid assets, the duration of the marriage, her need for therapy, her age, and her emotional…”
Farnsworth v. Farnsworth, 560 P.3d 565 (Idaho Ct. App. 2024).
Farnsworth v. Farnsworth, 560 P.3d 565 (Idaho Ct. App. 2024).
Idaho Code § 32-705(2)(e): 2 cases
Voss v. Voss, 497 P.3d 1138 (Idaho Ct. App. 2021).
Voss v. Voss, No. 48313 (Idaho Ct. App. Aug. 19, 2021).
Idaho Code § 32-705(2)(g): 2 cases
Pedro Pelayo v. Bertha Pelayo, 303 P.3d 214 (Idaho 2013). “Based on the factors in I.C. § 32-705, the magistrate court found that Bertha lacked sufficient income to support herself even with full time employment available to her.”
Bell v. Bell, 835 P.2d 1331 (Idaho Ct. App. 1992).
Idaho Code § 32-705(l)(a): 1 case
Tisdale v. Tisdale, 900 P.2d 807 (Idaho Ct. App. 1995).
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