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Iowa Alimony
Maintenance

In Iowa, alimony is also known as maintenance. The court determines the need for, and amount of, maintenance by considering a variety of factors and circumstances, including length of time the marriage existed, the income earning potential of the spouse requesting alimony, and tax implications, just to name a few.

Marital fault is not a factor in determining alimony in Iowa.

Alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the District Court can order support on a case-by-case basis.

Types of Alimony

Iowa courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term or permanent may be granted to a spouse who has significant needs, usually reserved for lengthy marriages.

Factors Considered by the Court

In Iowa alimony is discretionary. According to the Iowa Code - Sections 598.21, 598.22 and 598.32, the court may order maintenance to one spouse for a temporary or permanent amount of time after considering all of the following:

  • the duration of the marriage;
  • the age and health of the parties;
  • the property award;
  • the level of education of each party;
  • the earning capacity of the party desiring maintenance;
  • 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;
  • the tax repercussions;
  • any agreements made by the parties;
  • the provisions of an antenuptial agreement; and
  • other factors the court may determine to be relevant in an individual case.

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