Recently, the Iowa Court of Appeals decided a case involving spousal support.  (The court also discussed the award of attorney fees and the husband’s child support obligation.)  The case, In Re the Marriage of Jeffrey A. Richter and Lisa M. Richter, involved a marriage that had produced four children.  The parties had appealed the decree entered in their dissolution, with both parties arguing that the spousal support awarded was incorrect.

Spousal Support in Iowa

The court explains the issue of spousal support in its decision:

Spousal support “is an allowance to the spouse in lieu of the legal obligation for support.” In re Marriage of Sjulin, 431 N.W.2d 773, 775 (Iowa 1988). Spousal support is a discretionary award dependent upon each party’s earning capacity and present standards of living, as well as the ability to pay and the relative need for support. See In re Marriage of Kurtt, 561 N.W.2d 385, 387 (Iowa Ct. App. 1997). Spousal support “is not an absolute right; an award depends on the circumstances of each particular case.” In re Marriage of Dieger, 584 N.W.2d 567, 570 (Iowa Ct. App. 1998).

Factors Considered by the Court in Awarding Spousal Support

The Iowa Code addresses spousal support in Section 598.21(A).  Here, the criteria for determining support are listed.  They are:

  1. The length of the marriage
  2. The age and physical and emotional health of the parties
  3. The distribution of property made in the dissolution
  4. The education level of each party at the time of the marriage and at the time the action is commenced
  5. The earning capacity of the party seeking maintenance
  6. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
  7. The tax consequences
  8. Any mutual financial agreements between the parties
  9. Any antenuptial agreement
  10. Other factors the court determines relevant

As the court notes, they give “considerable discretion” to the district court in awarding alimony and will only decide differently than the district court when there has been a failure to do equity.

Spousal Support Decision

In this case, the husband has monthly income of approximately $10,000 and the wife has a monthly income of approximately $3000.  After monthly living expenses are considered, there was a $6000 difference between incomes.  The four children lived with the wife.  The district court decided that since the wife was awarded over $20,000 more in the distribution of property, that it was appropriate to award her less spousal support and for a shorter amount of time.  The court awarded her $2200 per month in traditional alimony for twelve years.

Both parties appealed this decision.  The court of appeals agreed with the district court’s award.

Factors in Determining Spousal Support

As in other cases determining spousal support, or alimony, the court took several of the factors listed in Iowa Code Section into consideration.  In affirming the ruling, the court noted that the marriage lasted twelve years.  The husband had a higher earning capacity than the wife.  There were four children produced during the marriage and the wife was working part-time, which was agreed upon at the time of the birth of their youngest child by both parties.  The wife’s employer provided a letter stating that there would be no full time work opportunities for the wife in the near future.

The court states that the amount of alimony is enough for the wife to continue caring for the children as they were cared for during the marriage and gives her time to become fully employed.

 

 

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