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Cases of Interest: Iowa
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Agreements (full category)

IOWA: In re Marriage of Plasencia, 541 N.W.2d 923 (Iowa Ct. App. 1995).
An advanced degree earned during marriage is not a marital asset, although its potential to increase the future earnings of the degree holder is a factor to consider when determining the equitable division of property.
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Alimony (full category)

IOWA: In re Marriage of Martin, No. 1-215/00-1629 (Iowa Ct. App. June 13, 2001).
The issue presented was whether a particular provision in the parties' divorce decree was in the nature of alimony or of property division.
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IOWA: In re Marriage of Trickey, 589 N.W.2d 753 (Iowa Ct. App. 1998).
Modification of alimony following a bankruptcy discharge of property settlement obligations does not violate federal law if the modification merely takes into account the fact that one spouse will no longer receive the property settlement payments upon which the original support award was premised and the discharge results in changed financial circumstances.
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Antenuptial Agreements (full category)

IOWA: In re Estate of Ingmand, No. 1-357/00-1281 (Iowa Ct. App. July 31, 2001).
The widow appealed a determination that the parties' prenuptial agreement was valid.
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Appreciation of Assets (full category)

IOWA: In re Marriage of Grady-Woods, 577 N.W.2d 851 (Iowa Ct. App. 1998).
It was inequitable to deny the wife any portion of the increase in value of the husband's business, considering her contribution as a homemaker during the parties' seven-year marriage.
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Bankruptcy (full category)

IOWA: In re Marriage of Trickey, 589 N.W.2d 753 (Iowa Ct. App. 1998).
Modification of alimony following a bankruptcy discharge of property settlement obligations does not violate federal law if the modification merely takes into account the fact that one spouse will no longer receive the property settlement payments upon which the original support award was premised and the discharge results in changed financial circumstances.
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Child Custody (full category)

IOWA: In re Marriage of Stange, No. 1-390/00-1886 (Iowa Ct. App. June 13, 2001).
The wife appealed the decision of the trial court transferring primary physical care of the parties' daughter to the husband following the wife's decision to relocate to Washington.
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Children (full category)

IOWA: In re Marriage of Driscoll, 563 N.W.2d 640 (Iowa Ct. App. 1997).
The child support received by the wife for her children from a previous marriage was her nonmarital property because it was not the product of the parties' joint efforts.
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Classification of Assets (full category)

IOWA: In re Marriage of Plasencia, 541 N.W.2d 923 (Iowa Ct. App. 1995).
An advanced degree earned during marriage is not a marital asset, although its potential to increase the future earnings of the degree holder is a factor to consider when determining the equitable division of property.
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IOWA: In re Marriage of Driscoll, 563 N.W.2d 640 (Iowa Ct. App. 1997).
The child support received by the wife for her children from a previous marriage was her nonmarital property because it was not the product of the parties' joint efforts.
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Debts (full category)

IOWA: In re Marriage of Moomaw, No. 1-119/00-869 (Iowa Ct. App. June 13, 2001).
The husband claimed that the debts that the wife incurred after the parties separated should not have been considered as debts of the marriage.
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Discovery (full category)

IOWA: In re Marriage of Meerdink, 530 N.W.2d 458 (Iowa Ct. App. 1995).
The wife was entitled to discover the husband's current net worth even though the parties had been separated for nine years and the husband had provided discovery seven years earlier.
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Dissipation of Assets (full category)

IOWA: In re Marriage of Burgess, 568 N.W.2d 827 (Iowa Ct. App. 1997).
The depletion of marital assets by a spouse to satisfy court-ordered obligations from a prior marriage does not constitute dissipation and is not a relevant factor to consider when dividing property.
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IOWA: In re Marriage of Bell, 576 N.W.2d 618 (Iowa Ct. App. 1998).
Gambling debts incurred by the husband after dissolution proceedings have been initiated can be treated by the court as dissipation or waste of assets.
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Division of Property (full category)

IOWA: In re Marriage of Swartz, 512 N.W.2d 825 (Iowa Ct. App. 1993).
Lottery winnings to be received after dissolution were appropriately divided as property rather than future earnings, and an equal division of the winnings was equitable.
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Factors in Award (full category)

IOWA: In re Marriage of Plasencia, 541 N.W.2d 923 (Iowa Ct. App. 1995).
An advanced degree earned during marriage is not a marital asset, although its potential to increase the future earnings of the degree holder is a factor to consider when determining the equitable division of property.
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Findings (full category)

IOWA: In re Marriage of Siglin, 555 N.W.2d 846 (Iowa Ct. App. 1996).
Trial courts should refrain from wholesale adoption of counsel's proposed findings and conclusions, but a separate standard of review does not apply on appeal from a decree prepared by counsel.
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Gifts (full category)

IOWA: In re Marriage of Vanderpol, 529 N.W.2d 603 (Iowa Ct. App. 1994).
Stock which the husband received from his mother was a gift and not a marital asset.
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Postdecree Proceedings (full category)

IOWA: In re Marriage of Trickey, 589 N.W.2d 753 (Iowa Ct. App. 1998).
Modification of alimony following a bankruptcy discharge of property settlement obligations does not violate federal law if the modification merely takes into account the fact that one spouse will no longer receive the property settlement payments upon which the original support award was premised and the discharge results in changed financial circumstances.
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Professional Licenses and Degrees (full category)

IOWA: In re Marriage of Plasencia, 541 N.W.2d 923 (Iowa Ct. App. 1995).
An advanced degree earned during marriage is not a marital asset, although its potential to increase the future earnings of the degree holder is a factor to consider when determining the equitable division of property.
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Separation (full category)

IOWA: In re Marriage of Meerdink, 530 N.W.2d 458 (Iowa Ct. App. 1995).
The wife was entitled to discover the husband's current net worth even though the parties had been separated for nine years and the husband had provided discovery seven years earlier.
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Third Parties (full category)

IOWA: In re Marriage of Burgess, 568 N.W.2d 827 (Iowa Ct. App. 1997).
The depletion of marital assets by a spouse to satisfy court-ordered obligations from a prior marriage does not constitute dissipation and is not a relevant factor to consider when dividing property.
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Valuation of Property (full category)

IOWA: In re Marriage of Moomaw, No. 1-119/00-869 (Iowa Ct. App. June 13, 2001).
Here, the couple were married in 1964. At the time of the dissolution hearing, on April 11, 2000, the husband was 60 years old. He received a retirement pension amount of $2,025 per month, which after withholding taxes gave him $1,816 per month. The husband testified that his net monthly income would not change greatly after he begins to receive Social Security payments.
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