Idaho Code
Idaho Code

Idaho Code § 32-708 (2026)

What property liable. 

✓ current as of May 2026
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What property liable. 

When implementing and construing sections 32-705 through 32-707, Idaho Code, the court must resort, first, to the community property, then to the separate property of either party.

Notes of Decisions
Cited in 13 cases, 1954–1993 · leading case: Mifflin v. Mifflin, 556 P.2d 854 (Idaho 1976).
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Mifflin v. Mifflin, 556 P.2d 854 (Idaho 1976). · cites it 8× “I.C. § 32-708 provides that when a court has made allowances for the wife for temporary support and attorney fees under I.”
Ross v. Ross, 648 P.2d 1119 (Idaho 1982). · cites it 4× “"We have ruled that the proper manner of carrying out the mandate of this section [I.C. §§ 32-708, 32-704] is to satisfy the community debts, then the wife's temporary support and attorney fees, from the total property owned by the community before equitable division of the…”
Bell v. Bell, 835 P.2d 1331 (Idaho Ct. App. 1992). · cites it 6× “The Supreme Court’s holding in Mifflin was clearly based on the then-existing language of I.C. § 32-708. Mifflin, 97 Idaho at 897 , 556 P.”
Swope v. Swope, 739 P.2d 273 (Idaho 1987). · cites it 4× “2d 854 (1976), and I.C. § 32-708, [10] such a maintenance award must be paid first from the community property prior to its division and distribution.”
Jones v. State, 376 P.2d 361 (Idaho 1962). · cites it 8× “" I.C. § 32-708. "The community property and the separate property may be subjected to the support and education of the children in such proportions as the court deems just.”
Ramsey v. Ramsey, 535 P.2d 53 (Idaho 1975). · cites it 3× “See I.C. § 32-708; Jolliffe v. Jolliffe, 76 Idaho 95 , 278 P.”
Desfosses v. Desfosses, 815 P.2d 1094 (Idaho Ct. App. 1991). · cites it 2× “Idaho Code § 32-708 describes what property is liable for such award.”
Smith v. Smith, 860 P.2d 634 (Idaho 1993). · cites it 2× “§ 32-704 and I.C. § 32-708 which were amended in 1980.”
Brammer v. Brammer, 471 P.2d 58 (Idaho 1970). · cites it 2× “§ 32-704 5 provides that the court “may” in its discretion require the payment of suit money by the husband to the wife and I.C. § 32-708 6 provides that the property to execute I.”
Jensen v. Jensen, 857 P.2d 641 (Idaho Ct. App. 1993). · cites it 2× “2d 854 (1976), which interpreted the pre-1980 version of I.C. § 32-708. We recently addressed the issue now before us in Bell v.”
Jolliffe v. Jolliffe, 278 P.2d 200 (Idaho 1954). · cites it 2× “, provides in part that where a divorce is granted upon the ground of five years separation “the court may compel him * * * to make such suitable allowance to the wife for her support as the court may deem just, having regard to the circumstances Of the parties respectively; *…”
Fisher v. Fisher, 656 P.2d 129 (Idaho 1982). · cites it 4× “Therefore, she will not have to rely on the husband to pay the debt and will be entitled to the $1,000 that was used as security as soon as she pays the obligation on that automobile.”
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