Idaho
Legal Separation in Idaho: What Idaho Code 32-704 Allows (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes. Idaho Code 32-704(2) lets a court, in its discretion and on the motion of either party, enter a decree of legal separation covering custody, property, debts, child support and spousal support. The spouses stay married, because Idaho Code 32-601 provides that a marriage is dissolved only by death or a divorce judgment.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the decree of legal separation under Idaho Code 32-704(2), with related sections 32-601, 32-610, 32-701 and 32-712. It does not cover divorce procedure in depth, how spousal or child support amounts are set, or other states' law. For divorce, see Idaho divorce laws.
Does Idaho have legal separation?
Yes. The main statute is Idaho Code 32-704(2):
"The court may, in its discretion, on the motion of either party enter a decree of legal separation, providing for custody of children, division of property, payment of debts, payment of child support, and payment of spousal support as set forth in the statutes governing domestic relations."
Section 32-704, whose heading covers support money, court costs and attorney fees and the representation of a child, sits in Title 32, chapter 7, which deals with divorce actions. The tables of contents for chapters 6 and 7 do not list a section titled legal separation, so the subsection is easy to miss, but the decree is available. The section's history shows it was last amended in 2024 (2024, ch. 233).
Two features of the wording matter. The decree is discretionary ("may, in its discretion"), and either spouse can ask for it by motion.
What a decree of legal separation can cover in Idaho
Section 32-704(2) lists five subjects the decree can address:
- custody of children
- division of property
- payment of debts
- payment of child support
- payment of spousal support
Each is to be handled "as set forth in the statutes governing domestic relations." For custody standards, see Idaho child custody laws; for support, see Idaho child support laws and Idaho alimony laws.
Property. In a divorce, Idaho divides community property under Idaho Code 32-712: "Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses." Under the same section, an antenuptial agreement is a factor the court considers, but the court cannot amend or rescind it. Section 32-704(2) refers to the domestic relations statutes generally rather than naming 32-712.
Grounds and residency for legal separation in Idaho
Section 32-704(2) does not list grounds of its own. This page does not cover whether a spouse seeking a legal separation must show one of the divorce grounds in chapter 6.
Residency is similarly open. Idaho Code 32-701 provides: "A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action." That sentence speaks of a divorce, and this page does not confirm whether the same period applies to a decree of legal separation. A lawyer licensed in Idaho or the Court Assistance Office can answer both questions for a specific case.
Legal separation vs. divorce in Idaho
The main difference is that the marriage continues. Idaho Code 32-601 provides: "Marriage is dissolved only: 1. By the death of one of the parties; or, 2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties." A decree of legal separation is neither, so the spouses remain married.
Section 32-704(2) does not say how a legal separation becomes a divorce, and this page does not cover that step. Separately, Idaho Code 32-610 makes long separation a divorce ground: when spouses "live separate and apart for a period of five (5) years or more without cohabitation, either party to the marriage contract may sue for a divorce." That section speaks of living apart and does not mention a separation decree. For divorce grounds and procedure, see Idaho divorce laws.
Forms and court help in Idaho
Idaho's Rules of Family Law Procedure list legal separation and separate maintenance as family law actions heard in the magistrate's division of the district court (Rule 101), and a family law action begins by filing a petition with the clerk of the court (Rule 201).
The Idaho Court Assistance Office runs the state court self-help site. Its divorce forms page listed divorce forms but no legal separation forms when this page was verified, so the Court Assistance Office or a lawyer licensed in Idaho is the place to ask how to file for a decree of legal separation.
Disclaimer: This article provides general legal information about the decree of legal separation under Idaho Code 32-704(2) and related sections of Idaho Code Title 32. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Idaho or the Idaho Court Assistance Office.
Related
- Legal separation laws in every state
- Idaho divorce laws
- Idaho alimony laws
- Idaho child custody laws
- Idaho child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get a legal separation in Idaho?
Yes. Under Idaho Code 32-704(2), the court may, in its discretion and on the motion of either party, enter a decree of legal separation.
Are you still married after a legal separation in Idaho?
Yes. Idaho Code 32-601 provides that a marriage is dissolved only by the death of a party or a court judgment decreeing a divorce.
Can an Idaho legal separation decree order spousal support?
Yes. Idaho Code 32-704(2) lets the decree provide for spousal support, along with custody, property division, debts and child support.
How is property divided in an Idaho legal separation?
Section 32-704(2) allows division of property as set forth in the statutes governing domestic relations. Idaho's divorce property rule, Idaho Code 32-712, calls for a substantially equal division in value, considering debts, unless there are compelling reasons otherwise; 32-704(2) does not name it.
Is living apart for 5 years grounds for divorce in Idaho?
Yes. Idaho Code 32-610 lets either spouse sue for divorce on proof of continuously living separate and apart without cohabitation for 5 years or more.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Idaho Code
§ 32-704Allowance of support money, court costs and attorney fees — Representation of child. 1. While an action for divorce is pending, the court may, in its discretion, on the motion of either party and upon showing made in conformity with section 32-705 or section 32-706, Idaho Code, whichever be appropriate, order the payment of temporary maintenance of either spouse by the other or temporary support of a child of the marriage, in amounts and on terms just and proper under the circumstancesIn force
32-704. Allowance of support money, court costs and attorney fees — Representation of child. 1. While an action for divorce is pending, the court may, in its discretion, on the motion of either party and upon showing made in conformity with section 32-705 or section 32-706, Idaho Code, whichever be…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
§ 32-610Separation without cohabitation. When married persons have heretofore lived or shall hereafter live separate and apart for a period of fiveIn forcecited in 2 of our articles
32-610. Separation without cohabitation. When married persons have heretofore lived or shall hereafter live separate and apart for a period of five (5) years or more without cohabitation, either party to the marriage contract may sue for a divorce which shall be granted on proof of the continuous…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Also relied on in: Idaho Divorce Laws (2026): Grounds, Residency, and Process
§ 32-712Community property and homestead — Disposition. In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned as follows:In forcecited in 2 of our articles
32-712. Community property and homestead — Disposition. In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned as follows: 1.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Beesley v. Beesley (Idaho Supreme Court 1988, 114 Idaho 536)“…ove are firmly entrenched in Idaho community property law. Idaho Code § 32-712 (1) requires that community property mu…”
- Griffiths v. Griffiths (Idaho Supreme Court 2020, 167 Idaho 287)“…s memorandum decision analyzing the property division under Idaho Code section 32-712. Additionally, the magistrate court’s f…”
- Miller v. Miller (Idaho Supreme Court 2026)“…h the statutory law governing divorce actions, specifically Idaho Code section 32-712, since the arbitrator failed to make ce…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-701Residence required by plaintiff. A divorce must not be granted unless the plaintiff has been a resident of the state for sixIn forcecited in 2 of our articles
32-701. Residence required by plaintiff. A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1980
Opinions citing this section in our collection:
- Rickman v. Rickman (Idaho Supreme Court 1958, 80 Idaho 172)“…n, supra, gives vitality to the mandatory requirements of Idaho Code sec. 32-701 which is set forth as follows: “A div…”
- Sosna v. Iowa (Supreme Court of the United States 1975, 419 U.S. 393)“…paration in the United States (1973). See, e. g., Idaho Code § 32-701 (1963); Nev. Rev. Stat. § 125 .-020 (…”
- Hewitt v. Firestone Tire & Rubber Co. (District Court, E.D. Virginia 1980, 490 F. Supp. 1358)“…34-1208 (Supp.1969) (six weeks); Idaho, Idaho Code § 32-701 (Supp.1969) (six weeks); Neva…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-601Dissolution of marriage. Marriage is dissolved only:In force
32-601. Dissolution of marriage. Marriage is dissolved only: 1. By the death of one of the parties; or, 2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
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Sources and References
- Idaho Code 32-704 (support money, costs and attorney fees; decree of legal separation in subsection (2))(legislature.idaho.gov).gov
- Idaho Code 32-601 (how a marriage is dissolved)(legislature.idaho.gov).gov
- Idaho Code 32-610 (living separate and apart five years as a divorce ground)(legislature.idaho.gov).gov
- Idaho Code Title 32, chapter 7, table of contents(legislature.idaho.gov).gov
- Idaho Code Title 32, chapter 6, table of contents(legislature.idaho.gov).gov
- Idaho Code 32-712 (community property division)(legislature.idaho.gov).gov
- Idaho Code 32-701 (residency for divorce)(legislature.idaho.gov).gov
- Idaho Court Assistance Office, Divorce forms(courtselfhelp.idaho.gov).gov
- Idaho Rules of Family Law Procedure, Rule 101 (family law actions incl. legal separation and separate maintenance, magistrate's division)(isc.idaho.gov).gov
- Idaho Rules of Family Law Procedure, Rule 201 (a family law action is commenced by filing a petition)(isc.idaho.gov).gov