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April 06, 2005
When is spousal support (alimony) awarded?
This decision from the Iowa Supreme Court provides a good summary of the three types of alimony in Iowa and the factors considered by the court when awarding alimony:
&;Alimony ‘is a stipend to a spouse in lieu of the other spouse’s legal obligation for support.’&; In re Marriage of Probasco, 676 N.W.2d 179, 184 (Iowa 2004) (citation omitted). Such an award is not an absolute right. And whether it is awarded depends on the circumstances of the particular case. In re Marriage of Spiegel, 553 N.W.2d 309, 319 (Iowa 1996). When deciding to award alimony, the district court must consider the factors in Iowa Code section 598.21(3). In re Marriage of Ask, 551 N.W.2d 643, 645 (Iowa 1996). ...
We recognize three different types of alimony as an appropriate award of spousal support: traditional, rehabilitative, and reimbursement. Probasco, 676 N.W.2d at 184-85. Traditional alimony is &;payable for life or so long as a spouse is incapable of self-support . . . .&; In re Marriage of Francis, 442 N.W.2d 59, 64 (Iowa 1989). Rehabilitative alimony was conceived as a way of supporting an economically dependent spouse through a limited period of re-education or retraining following divorce, thereby creating incentive and opportunity for that spouse to become self-supporting. Because self-sufficiency is the goal of rehabilitative alimony, the duration of such an award may be limited or extended depending on the realistic needs of the economically dependent spouse, tempered by the goal of facilitating the economic independence of the ex-spouses. Id. at 63-64 (citations omitted).
Reimbursement alimony &;is predicated upon economic sacrifices made by one spouse during the marriage that directly enhance the future earning capacity of the other.&; Id. at 64. And &;[s]imilar to a property award, but based on future earning capacity rather than a division of tangible assets, it should be fixed at the time of the decree.&; Id.
The Iowa Code section 598.21(3) factors are: a. The length of the marriage. b. The age and physical and emotional health of the parties. c. The distribution of property made pursuant to subsection 1. d. The educational level of each party at the time of marriage and at the time the action is commenced. e. The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment. f. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal. g. The tax consequences to each party. h. Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party. i. The provisions of an antenuptial agreement. j. Other factors the court may determine to be relevant in an individual case.
Posted on April 06, 2005 in Alimony, FAQ | Permalink
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Main
| Parental Discord - Again »
April 06, 2005
When is spousal support (alimony) awarded?
This decision from the Iowa Supreme Court provides a good summary of the three types of alimony in Iowa and the factors considered by the court when awarding alimony:
&;Alimony ‘is a stipend to a spouse in lieu of the other spouse’s legal obligation for support.’&; In re Marriage of Probasco, 676 N.W.2d 179, 184 (Iowa 2004) (citation omitted). Such an award is not an absolute right. And whether it is awarded depends on the circumstances of the particular case. In re Marriage of Spiegel, 553 N.W.2d 309, 319 (Iowa 1996). When deciding to award alimony, the district court must consider the factors in Iowa Code section 598.21(3). In re Marriage of Ask, 551 N.W.2d 643, 645 (Iowa 1996). ...
We recognize three different types of alimony as an appropriate award of spousal support: traditional, rehabilitative, and reimbursement. Probasco, 676 N.W.2d at 184-85. Traditional alimony is &;payable for life or so long as a spouse is incapable of self-support . . . .&; In re Marriage of Francis, 442 N.W.2d 59, 64 (Iowa 1989). Rehabilitative alimony was conceived as a way of supporting an economically dependent spouse through a limited period of re-education or retraining following divorce, thereby creating incentive and opportunity for that spouse to become self-supporting. Because self-sufficiency is the goal of rehabilitative alimony, the duration of such an award may be limited or extended depending on the realistic needs of the economically dependent spouse, tempered by the goal of facilitating the economic independence of the ex-spouses. Id. at 63-64 (citations omitted).
Reimbursement alimony &;is predicated upon economic sacrifices made by one spouse during the marriage that directly enhance the future earning capacity of the other.&; Id. at 64. And &;[s]imilar to a property award, but based on future earning capacity rather than a division of tangible assets, it should be fixed at the time of the decree.&; Id.
The Iowa Code section 598.21(3) factors are: a. The length of the marriage. b. The age and physical and emotional health of the parties. c. The distribution of property made pursuant to subsection 1. d. The educational level of each party at the time of marriage and at the time the action is commenced. e. The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment. f. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal. g. The tax consequences to each party. h. Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party. i. The provisions of an antenuptial agreement. j. Other factors the court may determine to be relevant in an individual case.
Posted on April 06, 2005 in Alimony, FAQ | Permalink
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