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Distribution Type
Community Property
Default Split
50 / 50
Income Adjustment
None

Methodology

Community property — equal division

Idaho is a community property state. All property acquired during the marriage is presumed community property and is subject to equal division upon divorce, while separate property remains with its owner.

Statutory Factors

The following factors are commonly evaluated under Idaho law:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules

Statute Reference

Citation: Idaho Code §32-906

Source: https://legislature.idaho.gov/statutesrules/idstat/

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Citation
Idaho Code §32-906
Source URL
https://legislature.idaho.gov/statutesrules/idstat/
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Reference Library

Idaho Community Property

Idaho is a community property state governed by Idaho Code §32-906. All property acquired during marriage is presumed to be community property owned equally by both spouses. Upon divorce, community property is divided equally. Property owned before marriage, or received by gift or inheritance during marriage, remains separate property not subject to division.

Citation: Idaho Code §32-906

Source: https://legislature.idaho.gov/statutesrules/idstat/

Last updated: 2026-05-19T01:39:53.624297