Adultery in Idaho - Does Cheating Affect Alimony?

When most people think of a divorce, they think about attorneys and spouses yelling at each other across a conference table or in a courtroom. Not all divorces begin and end this way, but marriages that are ended by one spouses’ infidelity do tend to dredge up terrible feelings of anger. Scorned spouses often seek additional money from their spouses to punish them for their cheating affairs.

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As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Idaho.

The Nature of Divorce in Idaho

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Idaho must be examined. Idaho has eight grounds for divorce. While Idaho does have a no-fault divorce statutory provision, seven of those grounds for divorce are fault grounds. One of those fault grounds is adultery.¹

About Idaho Alimony Rules

Alimony is known as spousal maintenance in Idaho. Before awarding maintenance, the court must determine whether either of the spouses is eligible for a maintenance award. To determine eligibility, the court must find either that a spouse lacks sufficient property to meet his or her needs or that he or she would be unable to gain employment. Once the court has determined that maintenance is proper, court may use the following factors in determining the amount and duration of the spousal maintenance award:

1. The financial resources of the parties;
2. The time necessary for a spouse to find employment;
3. The duration of the marriage;
4. The age and health of the spouses;
5. Any tax consequences of the divorce; and
6. Fault.²

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Given that fault is one of the factors that courts use to determine the amount and duration of an award of spousal maintenance,an adulterous relationship can affect a spousal maintenance award. Spousal maintenance may still be awarded even if both spouses were at fault, and the court will simply consider the degree of fault of each spouse in making an award.³

The Verdict:

Idaho courts will consider fault including adultery in determining the amount of a spousal maintenance award and the duration of that award. However, adultery does not affect whether an adulterous spouse is eligible for alimony. Eligibility is a purely financial determination, but an adulterous spouse may either be forced to pay more alimony or will receive reduced alimony because of his or her infidelity.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

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