Idaho Code
Idaho Code § 32-901 (2026)
Mutual obligations.
✓ current as of May 2026
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Mutual obligations.
Husband and wife contract toward each other obligations of mutual respect, fidelity and support.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1968–2022 · leading case: Neal v. Neal, 873 P.2d 871 (Idaho 1994).
Neal v. Neal, 873 P.2d 871 (Idaho 1994). “Idaho Code § 32-901 is contained in the domestic relations title of the Idaho Code and provides that “[h]usband and wife contract toward each other obligations of mutual respect, fidelity and support.”
Sheppard v. Sheppard, 655 P.2d 895 (Idaho 1982). “Title 32 expressly covers "Domestic Relations." Chapters 6, 7 and 8 of that title cover divorce.”
Van Orden v. Van Orden, 515 P.3d 233 (Idaho 2022). “So, while we no longer treat the wife as inferior or incapable of knowing the extent of the community property, we continue to recognize the fiduciary obligation to be forthright about the extent of the community estate when negotiating a postnuptial settlement agreement.”
Wolford v. Wolford, 785 P.2d 625 (Idaho 1990). “Therefore, their property rights are determined by that agreement and not by I.C. § 32-901 et seq. As stated in I.C. § 32-916, "The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into prior to or during…”
Olsen v. Olsen, 557 P.2d 604 (Idaho 1976). “On the other hand a divorced man paying alimony and child support is almost automatically barred from remarriage unless willing to risk continued marital discord over which woman he owes more financial loyalty, the one to whom he is married and the law enjoins him to support,…”
Fischer v. Fischer, 443 P.2d 463 (Idaho 1968). “In the course of the opinion, this court stated: "While there are conflicting decisions upon this point, the weight of authority holds that courts of equity have inherent jurisdiction to award separate maintenance for the support of the wife and minor children independent of any…”
Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011). “Idaho 2005). To determine whether property is community property, and is thereby integrated into a bankruptcy estate, the Court looks to state law.”
In Re Hicks, 300 B.R. 372 (Bankr. D. Idaho 2003). “See Idaho Code § 32-901 et seq. The solution to the issue raised here is found at the intersection of Idaho’s community property laws and the Code’s distribution scheme.”
Yost v. Yost, 735 P.2d 988 (Idaho 1987). “See I.C. § 32-901 et seq. Under Idaho law, absent an agreement to the contrary, community property includes all income earned by either spouse during the marriage.”
Matter of Est. of Bowman, 609 P.2d 663 (Idaho 1980). “I.C. § 32-901 provides that a husband and wife contract towards each other obligations of mutual respect, fidelity and support.”
State v. Suiter, 67 P.3d 1274 (Idaho Ct. App. 2003). “This duty of mutual support is codified in I.C. § 32-901, which provides that “husband and wife contract toward each other obligations of mutual respect, fidelity, and support.”
Neal v. Neal, 873 P.2d 881 (Idaho Ct. App. 1994). “Idaho Code § 32-901 provides "Husband and wife contract toward each other obligations of mutual respect, fidelity and support.”
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