US Legal Forms
Legal Resources
Questions & Answers
Divorce
How long must spouses live separately in Idaho to file for divorce?

How long must spouses live separately in Idaho to file for divorce?

Full question:

My wife and I are living separately for 7 years now. Under the Idaho law, after how many years of separation can a person file for divorce against his/her spouse?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: Idaho

Answer:

In Idaho, if married persons have lived separately for more than five years without cohabitation, either party can file for divorce. According to Idaho Code § 32-610, a divorce may be granted if one can prove they have lived apart continuously for this five-year period without cohabitation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if husband and wife live separately?

When spouses live separately, it can impact their marital relationship and legal standing. In some cases, living apart may lead to a divorce filing if the separation meets state requirements. In Idaho, if they have lived apart for more than five years without cohabitation, either spouse can file for divorce. Additionally, living separately may affect issues like property division and alimony during divorce proceedings.

What qualifies you for alimony in Idaho?

In Idaho, alimony, or spousal support, may be awarded based on several factors, including the duration of the marriage, the financial needs of one spouse, and the ability of the other spouse to pay. Courts consider the standard of living during the marriage and each spouse's contributions. Alimony is not guaranteed and is determined on a case-by-case basis.

What happens if husband and wife don’t live together for 7 years?

If a couple has not lived together for seven years, it may indicate a long-term separation. In Idaho, this separation can be grounds for filing for divorce, as one spouse can file after living apart for more than five years without cohabitation. The court will review the circumstances surrounding the separation when addressing divorce and related issues.