Full question:
My husband and I are getting divorced. My husband was the breadwinner, while I was the homemaker of our family. What factors does the court consider when determining spousal support in Iowa?
- Category: Divorce
- Subcategory: Spousal Support
- Date:
- State: Iowa
Answer:
In Iowa, when a married couple divorce, and one spouse has a greater earning potential than the other, the courts determine an equitable amount which one spouse is ordered to pay to the other each month.. This alimony award or spousal support helps to maintain a spouse's financial stability. The factors that the courts consider when determining spousal support is enumerated in Section 598.21A of the 2015 Iowa Code:“1.Criteria for determining support.Upon every judgment of annulment, dissolution, or separate maintenance, the court may grant an order requiring support payments to either party for a limited or indefinite length of time after considering all of the following:
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 section 598.21.
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.
2.Necessary content of order.Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence of the petitioner and respondent.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.