Full question:
Before marriage, I used to work in the advertising field in New York. After marriage, I had to quit my job when my husband was transferred to Iowa. Now my husband has left me and I have no means to support myself. It has been more than 10 years since I left job. I am about to file for spousal support in the family court of Iowa. Will the court consider the long gap in my career while determining the amount for spousal support?
- Category: Divorce
- Subcategory: Spousal Support
- Date:
- State: Iowa
Answer:
The length of time you have been out of the job market is a factor the court considers when determining spousal support. According to Iowa Code § 598.21A, the court evaluates several criteria, including:
- The length of the marriage.
- The age and health of both parties.
- The division of property.
- The educational background of each party at marriage and at the time of filing.
- The earning capacity of the party seeking support, which includes their education, training, work experience, and the length of time they have been absent from the job market.
- The feasibility of the party becoming self-supporting at a standard of living similar to what was enjoyed during the marriage.
- Any tax implications for either party.
- Any mutual agreements regarding financial contributions.
- Any antenuptial agreements.
- Other relevant factors the court may find important.
In your case, having been away from the job market for over ten years may impact the court's decision regarding your spousal support.
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.