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February 11, 2004

In re Marriage of Swalley

This decision by the Iowa Court of Appeals is a good primer on alimony and the factors affecting its amount and duration in any particular case. On the subject of property awards, the "key" to whether tax consequences should be considered is whether the sale of an asset is ordered or "otherwise relatively certain." Here, the court found that it was too speculative to predict tax rates 20 years or more in the future to allow an adjustment for tax consequences.

Posted on February 11, 2004 in Alimony, Property Distribution |



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