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Updated January 30, 2024

An Idaho separation agreement is a contract that lets married couples decide on many of the issues settled in divorce, such as the division of property and child support if the couple has children. Unlike divorce, however, separation is a legal status that can be easily undone.

Is a Separation Agreement Legal in Idaho?

Yes, either couple may petition a court for a decree of legal separation to settle issues of child custody, divide property, and determine spousal support, and if applicable, child support.^[1]

Legal Separation Requirements

Filing Fee: $166
Residency: The party seeking the separation must be a resident for at least six weeks prior to commencing a divorce or separation action.^[2]
Where to File: At the family court in the judicial district where the filing spouse resides.