Divorce Settlement Agreement - Idaho

DIVORCE SETTLEMENT AGREEMENT

(Idaho — Proposed Terms for Entry of Decree)

In the District Court for the [____] Judicial District for the State of Idaho, in and for [____________] County

Case No. [________________________________]

This Divorce Settlement Agreement (the “Agreement”) is signed on [__/__/____] by [PETITIONER NAME] and [RESPONDENT NAME] (each a “Party”). The Parties ask the Court to approve the selected terms and incorporate them into the Decree of Divorce. A term concerning a child, support, maintenance, property, or another court-controlled issue has only the effect the Court gives it.

1. CASE AND FAMILY PROFILE

Marriage date: [__/__/____]

Separation date, if applicable: [__/__/____]

Petition filing date: [__/__/____]

☐ Petitioner has satisfied the Idaho residence allegation required for the pending divorce case and the official sworn stipulation.

☐ The Parties allege irreconcilable differences and will use the current Idaho Court Assistance Office stipulation and decree forms approved for this case.

Children profile:

☐ No minor child was born to or adopted by the Parties, and no child-support or custody order is requested in this case.

☐ The Parties have the following minor child or children and attach a complete proposed Parenting Plan and child-support materials:

Each Party states that the Party has disclosed all property, debts, income, retirement benefits, business interests, pending claims, and other material financial information required for an informed settlement. Attach the current Inventory of Property and Debts and any disclosures required by the Idaho Rules of Family Law Procedure.

2. PROPERTY CHARACTERIZATION AND DIVISION

Idaho Code § 32-903 generally treats property owned before marriage and property later acquired by gift, bequest, devise, descent, or with separate-property proceeds as separate property. Section 32-906 generally treats other property acquired after marriage as community property and contains specific rules for income and interspousal conveyances. Characterization can depend on title, tracing, agreements, reimbursement claims, and other facts; complete every schedule with Idaho counsel.

Under Idaho Code § 32-712, the Court assigns community property in proportions it deems just. Unless compelling reasons support another result, the division should be substantially equal in value after considering debts and the statutory factors.

Select one:

☐ The proposed division is substantially equal in net value after debts.

☐ The proposed division is not substantially equal. The Parties ask the Court to find the following compelling reasons and statutory facts support it: [________________________________].

2.1 Separate Property Confirmed

The following property is requested to be confirmed as the listed Party’s separate property. Attach tracing records and identify any community lien, reimbursement, or disputed characterization.

2.2 Community Property Awarded

2.3 Residence and Real Property

For each parcel, select and complete one arrangement in Schedule A:

☐ Award to one Party, subject to refinance or lender-approved assumption by [__/__/____].

☐ List for sale by [__/__/____], with broker, pricing, repair, occupancy, and net-proceeds instructions in Schedule A.

☐ Other court-approved disposition: [________________________________].

A debt allocation between the Parties does not release either Party from a creditor, lender, taxing authority, or lienholder. The Party receiving property shall sign the transfer documents identified in Schedule A. Do not use a deed, refinance term, retirement order, or business-transfer document until the appropriate Idaho, tax, lender, and benefits review is complete.

2.4 Equalization Payment

To implement the proposed net division, [PAYOR] shall pay [RECIPIENT] $[________]:

☐ In full by [__/__/____].

☐ In installments described in Schedule A.

Interest, security, and remedies, if any: [________________________________].

3. DEBTS AND LIABILITIES

Each Party shall pay the debts allocated to that Party and indemnify the other Party against a third-party claim caused by failure to pay an allocated debt. This allocation does not alter a creditor’s rights. Joint accounts to be closed, frozen, refinanced, or retained are listed in Schedule B with deadlines and interim payment instructions.

Unknown or omitted debt will be handled as follows, subject to further court order: [________________________________].

4. SPOUSAL MAINTENANCE

Idaho Code § 32-705 permits maintenance only if the Court makes the required findings concerning insufficient property and inability to self-support through employment, then considers the listed relevant factors. Complete one election:

☐ Neither Party requests maintenance.

☐ [PAYOR] requests that the Court order maintenance to [RECIPIENT] of $[________] per month beginning [__/__/____] and ending [__/__/____ / EVENT APPROVED BY COURT].

Payment method: [________________________________]

Tax treatment reviewed by tax counsel: [________________________________]

Facts supporting § 32-705 eligibility and amount: [________________________________]

The Parties do not state that cohabitation, remarriage, or another event automatically changes maintenance unless the Decree and current law give that effect. Under Idaho Code § 32-709(1), a decree provision respecting maintenance may be modified only as to installments accruing after a motion to modify and upon a substantial and material change of circumstances. Any agreed limitation on modification must be separately drafted and approved by Idaho counsel and the Court.

5. CUSTODY AND PARENTING PLAN

This section applies only if the Parties have a minor child.

Idaho Code § 32-717 places custody, care, and education under the child’s best interests and lists relevant factors. Section 32-717B defines joint legal and joint physical custody, states that joint physical custody does not necessarily mean exactly equal time, and creates a rebuttable joint-custody presumption subject to the domestic-violence provision in subsection (5).

Requested custody:

☐ Joint legal and joint physical custody.

☐ Joint legal custody with the physical schedule in the attached Parenting Plan.

☐ Sole legal and/or physical custody to [PARENT], supported by these best-interest facts: [________________________________].

Domestic-violence and safety screen:

☐ No Party asks the Court to make a domestic-violence finding affecting custody.

☐ A domestic-violence allegation, finding, protection order, or safety concern exists and is described in a sealed or otherwise appropriately filed attachment reviewed by Idaho counsel.

The attached Parenting Plan must address the ordinary schedule, holidays, school breaks, exchanges, transportation, decision-making, access to records, communication, travel, dispute management, and any safety conditions. It must not insert a generic relocation deadline. A proposed move that materially affects the ordered schedule requires Idaho counsel to assess the existing order, best-interest evidence, Rule 120 transportation factors, notice obligations, and whether a court modification is required.

6. CHILD SUPPORT AND CHILD-RELATED EXPENSES

Idaho Code § 32-706 and Idaho Rules of Family Law Procedure Rule 120 govern the child-support calculation. The guideline result is presumptive; a departure requires the court to state the guideline amount and findings supporting the departure. The Parties shall attach the current Affidavit Verifying Income and the applicable Standard, Shared, or Split Custody Child Support Worksheet.

Guideline materials:

• Parent 1 Guidelines Income: $[________] per month
• Parent 2 Guidelines Income: $[________] per month
• Applicable worksheet: [STANDARD / SHARED / SPLIT]
• Presumptive support: $[________] per month
• Requested support: $[________] per month
• Requested deviation and findings, if any: [________________________________]

Proposed obligor: [________________________________]

First payment date: [__/__/____]

Payment route and Child Support Order Transmittal information: [________________________________]

Rule 120 separately addresses work-related child care, transportation, tax benefits, health-insurance premiums, uncovered health-care expenses, and other adjustments. State each requested allocation in Schedule C and ensure it matches the worksheets and proposed Decree.

The support order, not a private recalculation, controls until the Court modifies it. Idaho Code § 32-709 permits prospective modification after a motion and a substantial and material change of circumstances. Idaho Code § 32-706 generally addresses support to age 18 and permits continuation during high school to age 19 at the Court’s discretion under its stated conditions.

7. TAXES, RETIREMENT, AND INSURANCE

7.1 Tax Returns and Benefits

Tax-return filing status, dependency-related benefits, carryovers, estimated payments, refunds, liabilities, and audit cooperation are allocated in Schedule D. The Parties shall not claim inconsistent tax benefits. Rule 120 and the Decree control any child-related tax allocation; federal and Idaho tax advice is required before signing.

7.2 Retirement and Employee Benefits

No retirement division is implemented by this Agreement alone when a plan-specific domestic-relations order, transfer instruction, or administrator approval is required. The Parties shall cooperate with qualified benefits counsel and the plan administrator.

7.3 Insurance

Property, vehicle, health, and life-insurance transition terms are stated in Schedule E. A Party shall not cancel or change coverage contrary to an existing court order, policy requirement, or approved Decree.

8. IMPLEMENTATION AND COURT SUBMISSION

The Parties shall sign and file the current court documents required for a stipulated Idaho divorce, including the applicable sworn stipulation, proposed decree, vital-statistics form, and—if children are involved—the Parenting Plan, income affidavit, child-support worksheet, and transmittal form.

The Idaho Court Assistance Office’s current Form CAO D 6-8 states that the Parties stipulate to entry of the attached decree and certify the required facts under penalty of perjury. This Agreement supplements but does not replace that official filing form or the proposed Decree.

Before submission, the Parties shall confirm:

☐ Every asset and debt appears in a schedule.

☐ Net community-property values and any compelling reason for an unequal division are shown.

☐ Separate-property tracing and reimbursement issues are identified.

☐ Maintenance requests include § 32-705 facts.

☐ The Parenting Plan addresses the children’s best interests and any safety issue.

☐ The current Rule 120 worksheets and support documents are attached.

☐ Deeds, refinance instructions, retirement orders, and business-transfer instruments have been separately reviewed.

☐ The Agreement, sworn stipulation, proposed Decree, and schedules use consistent terms and figures.

If the Court declines a term, the Parties will confer through counsel and submit a lawful revision or place the disputed issue before the Court. No private arbitration provision, liability cap, automatic prevailing-party fee clause, or jury waiver is included. Each Party bears that Party’s own fees and costs except as later agreed in a signed writing or ordered under applicable law.

9. GENERAL TERMS

Disclosure Reliance. Each Party states that the Party relied on the disclosures and schedules in deciding whether to sign. Fraud, concealment, mistake, omitted property, and omitted debt remain subject to applicable law and court authority.

Further Documents. Each Party shall sign documents reasonably necessary to implement an approved Decree, provided the document is consistent with the Decree and has received any required legal, tax, lender, plan, or court review.

Creditor and Third-Party Rights. This Agreement does not bind a creditor, lender, taxing authority, plan administrator, insurer, or other nonparty.

Amendment. Before entry of the Decree, a proposed amendment must be in a writing signed by both Parties and remains subject to court approval. After entry, the Decree and applicable modification procedures control.

Governing Law. Idaho law governs the proposed settlement.

Entire Proposed Settlement. This Agreement and its completed schedules state the Parties’ complete proposed settlement. The Court’s Decree controls if inconsistent.

10. SIGNATURES

Each Party states that the Party has read this Agreement and its schedules, understands that it is proposed for court approval, has disclosed material facts, and has had the opportunity to obtain independent Idaho legal and tax advice.

PETITIONER

Signature: ________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Counsel, if any: [________________________________]

RESPONDENT

Signature: ________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Counsel, if any: [________________________________]

SCHEDULES AND REQUIRED ATTACHMENTS

☐ Schedule A — Property, valuation, sale, transfer, and equalization terms

☐ Schedule B — Debts, joint accounts, and creditor-transition terms

☐ Schedule C — Parenting Plan, child support, child care, health care, and transportation

☐ Schedule D — Tax allocation and cooperation

☐ Schedule E — Insurance and benefits transition

☐ Current Inventory of Property and Debts

☐ Current Affidavit Verifying Income and Child Support Worksheet, if applicable

☐ Current Idaho Court Assistance Office sworn stipulation and proposed Decree

SOURCES AND REFERENCES

• Idaho Code § 32-903: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH9/SECT32-903/
• Idaho Code § 32-906: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH9/SECT32-906/
• Idaho Code § 32-712: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH7/SECT32-712/
• Idaho Code § 32-705: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH7/SECT32-705/
• Idaho Code § 32-709: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH7/SECT32-709/
• Idaho Code § 32-706: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH7/SECT32-706/
• Idaho Code § 32-717: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH7/SECT32-717/
• Idaho Code § 32-717B: https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH7/SECT32-717B/
• Idaho Rules of Family Law Procedure, including Rule 120: https://isc.idaho.gov/rules-procedure/irfl
• Idaho Court Assistance Office divorce forms: https://courtselfhelp.idaho.gov/Forms/divorce
• Idaho Court Assistance Office Form CAO D 6-8: https://courtselfhelp.idaho.gov/docs/forms/CAO_D_6-8.pdf